Mattie McGrath (Tipperary, Independent)
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504. To ask the Tánaiste and Minister for Justice and Equality the status of plans to introduce legislation on spent convictions, and if he will make a statement on the matter. [35694/17]

Charles Flanagan (Laois, Fine Gael)
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The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides 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 Court for 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 Court for 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 or Circuit Court conviction.

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

It should be noted that where disclosure by a person of convictions is requested by another country a person shall not be entitled to regard any question put to him or her seeking information in relation to his or her previous convictions as not applying to the spent conviction where—

(a) he or she is in a country, other than the State, and the information is sought pursuant to the exercise of the jurisdiction of the law of that country, or

(b) he or she is within Ireland but the information sought relates to a matter being dealt with pursuant to the law of another country.

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is just over a year in operation and there are currently no plans for further legislation in this area.