Written answers

Tuesday, 6 July 2010

Department of Justice, Equality and Law Reform

Proposed Legislation

10:00 am

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 368: To ask the Minister for Justice and Law Reform if there is legislation in place or planned, to limit the time that a minor offence will be remain on a person's record; and if he will make a statement on the matter. [30075/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Section 258 of the Children Act 2001 provides for non-disclosure in respect of most offences committed by persons under 18, once certain conditions have been met. That section came into operation on 1 May 2002. Its effect is that, where the relevant conditions have been met, the person is to be treated for all purposes in law as a person who has not committed, been charged with, prosecuted for, found guilty of or dealt with for an offence and the person may, except as provided for in the section, withhold information about the offence and the circumstances relating to it.

At present there is no similar provision in legislation in respect of adult offenders. However the Spent Convictions Bill 2007 which is currently before the House will address the position of adult offenders. The Bill completed Second Stage on 18 December 2008. It was introduced in October 2007 as a Private Members Bill by my colleague, Minister Barry Andrews TD. Subsequently, in early 2008, the Government agreed to progress it as a Government Bill.

The Bill provides that those who had been subject to a fine or to a sentence of no more than 6 months imprisonment may, after a period of time without further conviction, withhold details of the conviction that gave rise to the fine or the sentence of imprisonment. However, disclosure will always be required in the case of sexual offences and for a small number of other specified offences and in the case of certain posts (for example, child care). The Bill has been reviewed in light of suggestions made at Second Stage and in the course of consultations undertaken by my Department. Mr Andrews and I are now considering a range of matters; these are likely to give rise to amendments at Committee Stage.

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