Denis Naughten (Roscommon-South Leitrim, Independent)
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183. To ask the Minister for Justice and Equality when the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 will be enacted; the reason for the delay; and if she will make a statement on the matter. [21960/14]

Denis Naughten (Roscommon-South Leitrim, Independent)
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193. To ask the Minister for Justice and Equality the reason for the delay in the final passage of the Criminal Justice (Spent Convictions) Bill 2012; and if she will make a statement on the matter. [21959/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 183 and 193 together.

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 has not yet been commenced. This is because elements of the Act relating to the disclosure of convictions require amendment having regard to a recent judgment of the UK Court of Appeal (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. In November 2013 the Government agreed that, following the T Case judgement, the 2012 Act would be amended to provide that certain minor convictions which are over seven years old would not be disclosed in the vetting process.

More serious offences 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. These revised procedures have already been given effect on an administrative basis, pending commencement 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. Consequential amendments to the Spent Convictions Bill are currently being drafted. It is my intention that the Spent Convictions Bill will be brought back before the Houses and enacted as soon as possible.