Clare Daly (Dublin North, Socialist Party)
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To ask the Minister for Justice and Equality the safeguards that exist for somebody to challenge the soft evidence permitted in the 2012 Vetting Act, whereby Gardaí or the National Vetting Unit could make a disclosure which bypasses the courts; and the redress does an individual has to challenge these assertions [7202/13]

Alan Shatter (Dublin South, Fine Gael)
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The National Vetting Bureau (Children & Vulnerable Persons) Act 2012 sets out procedures to allow the disclosure of criminal records and specified information for vetting purposes. "Specified information" is information other than a court determined criminal record. For example, "specified information" includes conclusions from investigations of child abuse or neglect that have been conducted by the HSE, where such investigations have concluded that a person poses a threat to children or vulnerable persons. The procedures set out in the Act are designed to ensure that the human rights of the person being vetted are adequately protected. It is important to note that before specified information can be disclosed, the person who is the subject of the information must be given a copy of that information and must be given the opportunity to challenge the proposed disclosure. The Act also provides that a disclosure of such information will only occur where there is a bona-fide concern that the person poses a threat to children or vulnerable persons, and the information has been assessed for its reliability and relevance, and the disclosure is in accordance with principles of natural justice.

The Act provides for the appointment of an independent Appeals Officer who will be responsible for assessing and deciding appeals against the proposed disclosure of specified information. A party to an appeal can also appeal a determination of an appeal by an appeals officer to the High Court, on a point of law. By confining the information that can be disclosed to information arising from criminal investigations or statutory inquiries, and by ensuring that individuals who are the subject of such information have their right to defend their name protected in the Act, the Act seeks to ensure that information such as vague rumours, or innuendo or false allegations cannot form any part of the vetting process. The Act also seeks to ensure that the constitutional right of all citizens to protect their good name, as provided in Article 40.3.2 of the constitution, is fully protected.