Robert Troy (Longford-Westmeath, Fianna Fail)
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10. To ask the Minister for Justice and Equality if his attention has been drawn to a situation that has arisen with regard to Garda vetting of early education and child care training programmes; that training organisations which process all Garda vetting forms for students have been informed by the Office of the Data Protection Commissioner that they cannot, under data protection legislation, share this with a third party placement facility as this requirement is jeopardising work placements; and if he will make a statement on the matter. [5290/14]

Robert Troy (Longford-Westmeath, Fianna Fail)
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18. To ask the Minister for Justice and Equality the action he will take to address issues that have arisen with regard to the sharing of Garda vetting information between child care providers and the providers of training for child care staff; and if he will make a statement on the matter. [5291/14]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 10 and 18 together.

It is my understanding that the issue raised by the Deputy relates to the work experience placements of childcare trainees in childcare projects. This placement is short term in nature and is usually organised by colleges as part of the training on childcare courses. The colleges conduct Garda vetting of the persons on the course, and the work experience providers can then rely on the fact that the person has already been vetted by the colllege.

I understand that in the course of audits of childcare providers, the HSE has sought a certified copy of the Garda Vetting Disclosure to be provided to the relevant childcare provider. It is the view of the Data Protection Commissioner that this is not necessary. In September 2013 the Data Protection Commissioners wrote to the colleges in question and to the HSE, suggesting that a written confirmation that a college has vetted a person is sufficient confirmation that the Garda Vetting process has been complied with.

Elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal. I intend bringing proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. The amendment of the Vetting Act will also be done via the Spent Convictions Bill.

I also intend to bring an amendment to the 2012 Act to provide that where two or more organisations are jointly responsible for the employment of a person, whether the person is paid or unpaid, the organisations can agree in writing that one of them will be responsible for conduction of the Garda vetting, and the other organisation may rely on that fact. I believe that this will fully address the issue raised by the Deputy. In the meantime organisations can continue to operate in accordance with the procedures already agreed with the Data Protection Commissioner.