Written answers

Tuesday, 7 July 2015

Department of Justice and Equality

Spent Convictions Legislation

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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244. To ask the Minister for Justice and Equality if she will provide an update on the Spent Convictions Bill; when the Bill will be enacted; the types of convictions covered by the Bill; and if she will make a statement on the matter. [27265/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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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 have now been finalised.

I intend to proceed with amendments to the Bill as soon as possible. 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.A copy of this Administrative Filter is included.

Garda Vetting Procedures

Administrative Filter

In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.

A. Criminal Convictions to be disclosed in all cases:

1) Offences Against the Person.

2) Sexual Offences

3) Convictions on indictment.

B. District Court Convictions which will not be disclosed:

1) Motoring Offences :

District Courtconvictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.

2) Minor Public Order Offences :

The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed ifthe offence is over 7 years old even where more recent offences have been committed: Section 4 (Intoxication), Section 5 (Disorderly conduct), Section 6 (Threatening, abusive or insulting behaviour), Section 7 (Distribution or display of material which is offensive), Section 8 (Failure to comply with direction of Garda), Section 9 (Wilful obstruction).

3) Other minor offences – 1 Only :

District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old) . This provision does not apply to offences against the person or to sexual offences.

C. Probation Act Provisions

Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed exceptin cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.

Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)

D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.

Non convictions will be consideredfor disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.

The Garda Central Vetting Unit will make such decision in the context of: the information concerned; the relevance of the information to the type of work/activity; the source and reliability of the information; the rights of the vetting applicant and any submissions made by them. Where the GCVU makes a determination to disclose information under this section the GCVU will notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it; provide to the person a copy of the information to be disclosed, notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and allow the applicant the opportunity to make a written submission. There will also be an appeals process in respect of a decision to disclose the information. The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.

Comments

thomas mullins
Posted on 28 Aug 2015 8:39 pm (Report this comment)

Greetings,
Has there been any progress on the spent convictions bill? if so when will the full details of eligibility be published? this bill has been a long time delayed and separates Ireland from all our European partners with regards to progressive rehabilitation, equality and criminal reform.
I welcome gratefully any information regaring this matter.
Sincerely
Thomas Mullins 28/08/15

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