Written answers

Tuesday, 27 November 2007

Department of Justice, Equality and Law Reform

Criminal Convictions

8:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 580: To ask the Minister for Justice, Equality and Law Reform the situation that currently exists in relation to the holding of information on previous convictions of Irish citizens, particularly in the context of Garda certification being required for Irish citizens seeking skilled work in other jurisdictions such as Australia; if convictions as a juvenile must be listed by the superintendent of a Garda station, or if this is discretionary; if a time frame exists allowing for non-serious convictions not to be listed; when the next stages of the Spent Convictions Bill will come before the Houses of the Oireachtas; if favourable consideration will be given to dealing sensitively with certain longer sentences handed out to juveniles after a reasonable time has elapsed rather than including such terms among the excluded sentences; and if he will make a statement on the matter. [30567/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Information on criminal convictions in Ireland is retained by the Garda Síochána and, specifically, in the Garda Criminal Records Office, which is now co-located with the Garda Central Vetting Unit in Thurles, Co. Tipperary. Such information is retained indefinitely and without exception and may be used for all legitimate police purposes, including criminal history vetting, as appropriate.

In general, there is no provision in Irish law allowing for the expunging of criminal convictions. However, section 258 of the Children Act 2001 provides for a limited 'wiping of the slate' in respect of most offences committed by persons under 18 years of age, once certain conditions have been met. Moreover, on 31 July, 2007, the Law Reform Commission published a report on Spent Convictions. My Department is currently conducting an examination of this report.

The Spent Convictions Bill currently before the House is a Private Members Bill. Deputy Barry Andrews was granted leave on 25 October last by Dáil Éireann to introduce the Private Members' Bill on spent convictions. The ordering for Second Stage of Deputy Andrews' Bill to which I am well disposed is a matter for the House.

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