Andrew Doyle (Wicklow, Fine Gael)
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254. To ask the Minister for Justice and Equality if he will provide an outline of the Garda vetting procedure for voluntary associations; if a change has recently taken place in this process; and if she will make a statement on the matter. [19711/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Garda Central Vetting Unit (GCVU) provides employment vetting to organisations registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults.

The process in respect of Garda vetting applications is standard for all organisations, voluntary or otherwise. 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 to the requesting, registered organisation of the position at the time when it is issued.

It should be noted that the Garda Central Vetting Unit (GCVU) has no input into any decision by a registered organisation to employ an individual or otherwise. It is the responsibility of the organisation in question to use the information provided appropriately, fairly and only as one factor in an overall recruitment decision. Decisions on the suitability for the recruitment/engagement of the person concerned, therefore, rest at all times with the registered organisation.

In general, Garda Vetting applications are processed on a first-come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects. The current average processing time for vetting applications is four weeks. However, in some instances additional enquiries may be necessary and this may result in processing times in excess of the average.

Garda Vetting is presently conducted under policy as opposed to legislation. Before the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 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.

Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures was introduced with effect from 31st March 2014 which provides that certain minor offences that are over 7 years old are no longer disclosed. In line with that procedure a decision to disclose or not disclose non-conviction data is now made on the basis of an assessment of the relevance and / or the proportionality of disclosing the information in the context of the position of employment in question. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.