Brian Stanley (Laois-Offaly, Sinn Fein)
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464. To ask the Minister for Justice and Equality if he will clarify the reason that a person (details supplied) in Dublin 10 cannot get Garda clearance in view of the fact that the incident in question was struck out by the courts 11 years ago; and if he will make a statement on the matter. [30464/13]

Alan Shatter (Dublin South, Fine Gael)
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The Garda Central Vetting Unit (GCVU) does not provide ‘Garda Clearance’. The function of the GCVU is to conduct Garda Vetting checks in respect of Vetting applications submitted by Registered Organisations and to issue Garda Vetting disclosures to such organisations.

Garda Vetting disclosures are made to registered organisations following the signed authorisation of a vetting subject permitting the Garda Central Vetting Unit to disclose to the registered organisation "details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere"; or alternatively that there are "no prosecutions or convictions recorded in respect of them". As at present all prosecutions are disclosed under existing arrangements, a prosecution resulting in an order dismissing the charges or discharging the offender conditionally under the Probation of Offenders Act 1907 would be disclosed.

It should however be noted that the function of deciding whether an individual is suitable to work in a Registered Organisation rests within each Registered Organisation and not in the GCVU. A Garda Vetting application form, as completed and signed by the person concerned was received at the Garda Central Vetting Unit from the Registered Organisation in question on 21 March 2013.