Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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84. To ask the Minister for Justice and Equality her views on whether it is acceptable that in areas of the public service disclosures under the National Vetting Bureau relating to minor traffic offences such as driving without an NCT and road tax should be the basis for disqualifying persons from public service employment when those offences bear no relation to ensuring child protection as set out in the Child and Vulnerable Persons Act 2012; and if she will make a statement on the matter. [38376/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 for the purpose of protecting children and vulnerable persons requires an organisation or employer before employing a person to receive a vetting disclosure from the National Vetting Bureau, where that person will have regular contact with or access to children or vulnerable persons. A vetting disclosure will contain particulars of the criminal record, if any, of the person. The disclosure may also contain information concerning a finding or allegation that the person may have harmed another person where such information is received from the Garda Síochána or any of the following bodies:

1. The Health Service Executive.

2. The Teaching Council.

3. The Medical Council.

4. The Nursing and Midwifery Board of Ireland.

5. The Dental Council.

6. The Health and Social Care Professionals Council.

7. The Mental Health Commission.

8. The Pharmaceutical Society of Ireland.9. The Pre-Hospital Emergency Care Council.

10. The Health Information and Quality Authority.

11. The National Transport Authority.

and

the Chief Bureau Officer of the National Vetting Bureau has a bona fide concern that the person may harm to a child or vulnerable person.

Under amendments to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 made by the Oireachtas earlier this year, certain convictions are not included in a vetting disclosure made by the National Vetting Bureau once 7 years has passed since the date of conviction and the convicted person has complied with the sentence imposed.

Among the convictions that are not disclosed are convictions in the District Court for motoring offences and convictions for minor public order offences, with the exception that non-disclosure of a conviction for dangerous driving is limited to one single conviction.

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 will not be disclosed by the Bureau after 7 years so long as the conviction is not an "excluded offence" under the Act.

The National Vetting Bureau (Children and Vulnerable Persons) Act was commenced on 29th April 2016.

Recruitment to the Civil Service is governed by the Public Service Management (Recruitment and Appointments) Act 2004 which established the Commission for Public Service Appointments (CPSA) and the Public Appointments Service (PAS). The CPSA sets the standards to apply to the recruitment of persons for positions in the Civil Service and certain other public service bodies.