Willie Penrose (Longford-Westmeath, Labour)
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156. To ask the Minister for Justice and Equality the way a person (details supplied) in County Westmeath who had a minor offence dismissed under the Probation Act is treated under the Garda clearance system when an inquiry is made thereto in respect of the person's record; and if he will make a statement on the matter. [14631/14]

Alan Shatter (Dublin South, Fine Gael)
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Garda Vetting Disclosures are predicated on the signed authorisation of a vetting subject for An Garda Síochána 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”. The disclosure is made by the Garda Central Vetting Unit to the requesting, registered organisation of the position at the time when it is issued.

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 in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. 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.

Until now all records of all criminal convictions have been disclosed by the gardaí when vetting people for various employments. However, in future certain minor offences that are more than seven years old, where the person has not subsequently reoffended, will not be disclosed. In addition, cases of minor offences where charges are struck out will not be disclosed. Consideration is also currently being given to the necessity of disclosing instances where the Court has applied the Probation Act. More serious offences, however, such as all sexual offences, offences against the person, serious motoring offences, firearms offences, robbery, or any offence for which the person is convicted on indictment will continue to be disclosed in all cases.

Pending commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 the revisions in approach outlined above will, in the interim be applied on an administrative basis by the Garda Central Vetting Unit.