Written answers

Wednesday, 23 November 2005

Department of Justice, Equality and Law Reform

Rehabilitation of Offenders

9:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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Question 181: To ask the Minister for Justice, Equality and Law Reform if he will consider legislation to allow for the expunging of sentences along the lines of the Rehabilitation of Offenders Act 1974 in the UK. [35790/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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In general, there is no provision in Irish law allowing for the expunging of criminal convictions from the Garda criminal records. However, with the introduction of the Children Act 2001, provision was made for a limited "wiping of the slate" in respect of most offences committed by persons under 18 once certain conditions have been met. The provision in the Children Act, which came into operation on 1 May 2002, limits, as far as possible, the effects of a finding of guilt where the relevant conditions have been met by treating the person for all purposes in law as a person who has not committed, been charged with, prosecuted for, found guilty or dealt with for an offence.

The second programme of the Law Reform Commission for the period 2000 to 2007 proposes, as part of an examination of the law on privacy, to consider longevity of criminal records and expunging of certain offences from the records. I understand that the Law Reform Commission intends to prepare a consultation paper examining the complex range of issues surrounding the matter of spent convictions. Such consultations papers normally encompass an analysis of legislation and practice in other jurisdictions, including the United Kingdom. I will consider any recommendations which the Law Reform Commission may make on the matter.

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