Finian McGrath (Dublin North Central, Independent)
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Question 682: To ask the Minister for Justice and Equality his views on correspondence regarding amending the Criminal Justice Spent Convictions Bill. [26780/12]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Spent Convictions) Bill 2012 was presented to the Seanad on 2 May 2012, and will be debated at Second Stage on 13 June 2012.

The purpose of the Bill is to assist with the rehabilitation of offenders and to remove some of the obstacles that they face when seeking to access employment. It allows offenders to withhold details of certain qualifying convictions once certain conditions have been met and an appropriate conviction-free period has elapsed.

The Bill provides for a self-administered system of non-disclosure that excludes three categories of sentence:

· a sentence of imprisonment of 12 months or more (irrespective of whether the sentence is suspended in whole or in part);

· a sentence for an offence that is reserved to be tried by the Central Criminal Court; and

· a sentence imposed in respect of a sexual offence.

In arriving at the range and type of sentences that should be covered by the Bill, I had to balance the legitimate aim of ensuring that the measure is of benefit to those offenders who want to move on and leave their pasts behind, with the need to ensure that those convicted of serious offences should not benefit from the Bill. In drawing the line at a sentence of 12 months, compared to the 6 months recommended in the Law Reform Commission Report, I believe that this balance has been largely achieved, and while I will be open to considering amendments that improve the Bill during its passage through the Oireachtas, these will have to respect the core principles of the Bill.