Written answers

Thursday, 3 February 2022

Department of Justice and Equality

An Garda Síochána

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

377. To ask the Tánaiste and Minister for Justice and Equality the length of time that a conviction remains on a person's record (details supplied) for the purpose of Garda vetting; and if she will make a statement on the matter. [5732/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will appreciate that vetting applications are an operational matter for An Garda Síochána. Neither I, as Minister, nor my Department have any role in the processing of individual vetting applications.

As the Deputy may be aware, the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, provides for certain convictions to become spent once 7 years have passed since the date of conviction.

In general and in accordance with the provisions of the Act, the following convictions may become 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.

4. A conviction resulting in a non-custodial sentence can also become spent after 7 years. This means such a sentence imposed by a court of imprisonment for a term of 2 years or less, the execution of the whole of which is suspended for a period specified by the court and that suspension is not subsequently revoked in whole or in part by the Court, and is not in addition to a custodial sentence.

There is no formal procedure to be gone through to have a conviction declared spent. If the conviction is eligible to be spent, it becomes spent once seven years has passed from the date of conviction.

It is important to understand that while a conviction may become spent under Irish law, this does not mean that the conviction ceases to be part of the person's criminal record. The effect of the Act is that, although it remains part of the person’s criminal record, the person will not be penalised in law or incur any liability for failing to disclose a spent conviction.

It is also important to note that in some cases, disclosure of a spent conviction is required in circumstances including for example for specified work, such as with An Garda Síochána, the Defence Forces, or applying for a public service vehicle, private security, taxi or firearm licence. An Garda Síochána is not required to expunge the details of such offences from the Garda PULSE system and a court may also admit or require evidence regarding a spent conviction in certain circumstances.

The Deputy will be aware that the Government commits in the Programme for Government to reviewing the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 and to broaden the range of convictions that are considered spent. As part of this review process, a public consultation on spent convictions was launched in October 2020. My Department is continuing work on identifying and assessing the possible implications of amending the 2016 Act so that the fairest possible outcomes can be achieved for the public.

Comments

No comments

Log in or join to post a public comment.