Written answers

Wednesday, 8 June 2016

Department of Justice and Equality

Legislative Programme

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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113. To ask the Minister for Justice and Equality the status of the Criminal Justice (Spent Convictions and Certain Disclosures) Bill, which was before the Houses of the Oireachtas in February 2016; the important issues addressed therein; and if she will make a statement on the matter. [14696/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, which completed all stages in the Oireachtas on 3rd February, was commenced in full on 29th April 2016.

The effect of the Act is that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

A key impact of the Act is that where a person is applying for employment (other than employment which is exempt from the provisions of the Act), the applicant will not be obliged to disclose convictions that are spent.

In accordance with the provisions of the Act the following convictions are now spent:

1) All convictions in the District Courtfor Motoring offences which are more than 7 years old subject to the proviso that spent convictions for dangerous driving are limited to a single conviction.

2) All convictions in the District Courtfor minor public order offences which are more than 7 years old.

3) In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is spent after 7 years. This provision applies to either a District Court orCircuit Court conviction.

Sexual offences or convictions in the Central Criminal Court are not eligible to become spent convictions.

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