Written answers

Tuesday, 31 January 2017

Department of Justice and Equality

Garda Vetting Legislation

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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114. To ask the Minister for Justice and Equality if persons that occasionally visit nursing homes for the purposes of performing music for the entertainment of residents of such homes are required, under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016, or any associated regulations, to undergo Garda vetting before each performance. [4435/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The responsibilities with respect to vetting under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 of a "relevant organisation" responsible for vulnerable persons, for example a nursing home, lie solely with persons acting on behalf of and under the management and control of the relevant organisation. Personswho occasionally visit nursing homes for the purposes of performing music for the entertainment of residents may be doing so under the management of the nursing home and in such cases would require vetting. However, the Act provides that the obligations for vetting shall be regarded as satisfied where the relevant organisation concerned received a vetting disclosure in respect of the person for the initial engagement and there would not be a requirement to undergo Garda vetting before each performance. If the visiting performer is acting on behalf of another relevant organisation that other organisation would be responsible for seeking a vetting disclosure.

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