Robert Troy (Longford-Westmeath, Fianna Fail)
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259. To ask the Minister for Justice and Equality the reason host families are not Garda vetted when taking foreign students during the year and or the summer. [37977/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 creates an obligation for relevant organisations to conduct vetting of persons working with or providing relevant services to children. Such services include "the provision by a person, whether or not for commercial or other consideration, of accomodation in his or her own home." Consequently, language schools which arrange such accomodation placements for foreign students must conduct Garda Vetting in respect of persons who are contracted to provide accomodation in this regard.

However, the 2012 Act does not apply to "private arrangements". These are defined in the Act as arrangements made by an individual for the benefit of a child of the individual. This means that a parent is not required to seek Garda Vetting if they make a private exchange student arrangement with another family.

Before the 2012 Act could be commenced a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. The 2012 Act will then be commenced at the earliest opportunity.