Olivia Mitchell (Dublin South, Fine Gael)
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Question 47: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that structures in place to allow garda vetting are functioning efficiently and effectively; and if he will make a statement on the matter. [40324/08]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 62: To ask the Minister for Justice, Equality and Law Reform if he will make a statement on the capacity of and delays experienced within the Garda vetting unit in relation to checks on prospective employees working with children; if his attention has been drawn to reports of the practice of employers in other fields who are insisting that candidates request their files from the gardaí under the Data Protection Acts; his views on whether this may be exacerbating the aforementioned delays; and if he will take steps legislative or resource based to address those delays. [40225/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 47 and 62 together.

The Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations in Ireland, registered with the Unit, which employ personnel to work in a full-time, part-time or voluntary capacity with children and/or vulnerable adults. The procedure is also conducted for fostering and the Adoption Board. The service being provided is continually being extended, on a phased basis to such organisations.

There are a total of 66 personnel attached to the Unit. A Garda Inspector has overall responsibility for the provision of the services of the Unit.

The current average timeframe for the processing of vetting applications is four weeks from the date of receipt unless further enquiries are necessary to ascertain the outcomes of recent court cases. All organisations registered for Garda vetting are aware that processing times are established as being from the date or receipt of valid application forms at the GCVU and have been advised to factor this into their recruitment processes. Applications from registered organisations for Garda vetting includes a section signed by the subject of the application giving permission for the relevant information to be provided to the organisation.

The Garda authorities advise that a significant upsurge in applications has been recorded in the past two months, which coincides with the re-opening of third level institutions and which have submitted vetting application forms for students who may have access to children and or vulnerable adults during placements which may form part of particular educational courses being provided.

Applications are also received at the GCVU pursuant to Data Protection provisions. Under Section 4 of the Data Protection Act 1988, as amended, an individual is entitled to access to personal data held about that individual. The disclosure of such data is intended for personal use only. Disclosure of data in compliance with a request under Section 4 states that the information does not constitute proof of no convictions and it does not amount to a Garda Certificate or reference. The Section 4 provision reflects the purpose of the Act, namely to protect individuals with regard to the processing of their personal data. It is not a means of vetting and its use by employers could be deemed to amount to an infringement of Section 5 of the Data Protection Amendment Act 2003.