Written answers

Tuesday, 11 October 2011

Department of Justice, Equality and Defence

Road Traffic Offences

8:00 pm

Photo of Dan NevilleDan Neville (Limerick, Fine Gael)
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Question 383: To ask the Minister for Justice and Equality the position regarding a drink-driving offence (details supplied); and if he will make a statement on the matter. [28804/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There is no provision in Irish law for expunging the criminal conviction of a person who was over the age of eighteen when they committed the offence. Section 258 of the Children Act 2001 provides that where a person has been found guilty of an offence and (a) the offence was committed before they reached the age of 18 years, (b) the offence is not an offence required to be tried by the Central Criminal Court, (c) three years have elapsed since finding of guilt and (d) the person has not been dealt with for an offence in that period, then that person will be treated 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.

I plan to publish a Spent Convictions Bill in the near future allowing former offenders to withhold details of certain qualifying convictions once certain conditions have been met. The Bill will not entail a deletion of the record, but rather a non-disclosure of the offence in certain circumstances. However, persons working with children or vulnerable adults, or having access to confidential or sensitive information, will continue to have to disclose all past convictions acquired.

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