Clare Daly (Dublin North, Socialist Party)
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193. To ask the Minister for Justice and Equality when gardaí will be told that their vetting process is to adhere to the National Vetting Bureau Act 2012, since this Bill became an Act of law upon the President's signature on 26 December 2012, under which those convicted under section 1(1) of the Probation Act 1906 would finally see the minor details of their offences deemed withheld upon the grounds of specified information, that is, upon the nature of the given offence, as such a conviction may not be revealed if it deems one not to be a threat to children or vulnerable people; and the reason citizens are not being vetted in accordance with the new law. [7335/14]

Alan Shatter (Dublin South, Fine Gael)
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The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 has not yet been commenced as provisions relating to the disclosure of convictions have had to be reviewed in the light of legal developments. In particular, a judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013] raised new legal issues regarding vetting. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, 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.

The National Vetting Bureau (Children & Vulnerable Persons) Act 2012 also sets out procedures to allow the disclosure of “Specified information”. This 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. The Act also provides that a decision of an Appeals Officer may be appealed 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 Bill, the Bill seeks to ensure that information such as vague rumours, or innuendo or false allegations cannot form any part of the vetting process. The Bill also ensures that the constitutional right of all citizens to protect their good name, as provided in Article 40.3.2 of the constitution, is protected.

I expect to be in a position to commence the provisions of the 2012 Act in the autumn of 2014. In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis.