Written answers

Wednesday, 22 April 2015

Department of Justice and Equality

Proposed Legislation

Photo of Clare DalyClare Daly (Dublin North, United Left)
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89. To ask the Minister for Justice and Equality when legislation concerning spent convictions is likely to be enacted, in view of the fact this is a critical issue for those who may have had a minor misdemeanour in their youth which has impacted on their prospects in education or employment. [15937/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The current position is that before the Spent Convictions Bill could be enacted, 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.

I intend to bring the amendments to the Bill before the Oireachtas as soon as possible with a view to commencing the Act by the summer. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.

In regard to any minor misdemeanour committed by a person under 18, Section 258 of the Children Act 2001 already provides that such convictions are not disclosed.

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