Written answers

Thursday, 5 March 2015

Department of Justice and Equality

Spent Convictions Legislation

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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138. To ask the Minister for Justice and Equality if she will provide an update on the Criminal Justice (Spent Convictions) Bill 2012 and when it will be entered into law; and if she will make a statement on the matter. [9617/15]

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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139. To ask the Minister for Justice and Equality the way a person who was convicted of a minor drug offence six years ago and received a €100 fine will be covered by the Criminal Justice (Spent Convictions) Bill 2012; the way potential visa applications will be affected when the Bill is passed; and if she will make a statement on the matter. [9618/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 138 and 139 together.

The Criminal Justice Spent Convictions Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, 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.

Pending the amendment of both the Spent Convictions Bill, and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an Administrative Filter for Garda Vetting Disclosures has now been introduced. In accordance with the provisions of this filter over 80% of district court convictions now become spent after 7 years and are no longer being disclosed in Garda Vetting Disclosures. It is proposed to amend the Bill to mirror the simpler provisions already contained in the administrative filter and have a common standard for minor convictions becoming spent after 7 years. This will provide a very clear, easier to understand procedure. Under the current provisions of the Bill a circuit court conviction which results in a penalty of up to 12 months imprisonment could become spent . It is proposed to retain a provision in the Bill which will allow one such circuit court conviction to become spent after 7 years.

The Spent Convictions Bill does not apply to Visa applications or job applications in any other State as we simply cannot legislate in this State for such matters.

The amendments to the Bill are being finalised at present and I intend to bring these before the Oireachtas as soon as possible in order that the Bill will be enacted before the summer.

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