Peadar Tóibín (Meath West, Aontú)
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566. To ask the Tánaiste and Minister for Justice and Equality the details of the way that the Garda vetting system functions; the length of time that the system goes back; and if the history of a person who was arrested but was not charged shows up on the system. [59001/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the Garda vetting system. As Minister, I have no role in such matters.

However, I am advised that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. This important work needs to be carried out thoroughly and correctly.

I am also advised by the Garda authorities that it is necessary on occasion for An Garda Síochána to conduct enquiries with agencies such as the Courts Service, Probation Service, Child and Family Agency, etc. in relation to processing vetting applications.

These enquiries are conducted for a multiplicity of reasons such as verification of identity, updating of incomplete records and establishing outcomes of investigations. I am informed that, in such instances, processing times are significantly longer than the average.

I am informed that in general, the vetting process functions as follows –

Step 1– The vetting subject manually completes and forwards to a relevant organisation a vetting invitation form and provides proof of identity.

Step 2– The relevant organisation confirms proof of identity and sends the vetting subject an e-mail with link attached inviting him/her to complete a vetting application form.

Step 3– The vetting subject completes the vetting application form online and submits it to the relevant organisation.

Step 4 –The relevant organisation reviews the vetting application form and submits it to the Garda National Vetting Bureau.

Step 5– The Garda National Vetting Bureau processes the application and forward a vetting disclosure to the relevant organisation.

Step 6– The relevant organisation accesses the vetting disclosure through the online portal.

It is important to note that prior to the Vetting Bureau forwarding the vetting disclosure (Step 5), under Section 15 of the Act, if specified information is to be disclosed to a relevant organisation the Chief Bureau Officer must, in advance, notify the vetting subject of the intention to disclose the information.

On receiving this notification, the vetting subject may make a submission in writing to the Chief Bureau Officer concerning the information, not later than 14 days, from the date of notification, or a longer period if the Chief Bureau Officer specifies.

I am further advised that the Garda National Vetting Bureau have access to all records generated by members of An Garda Síochána, irrespective of how old they are. Records relating to arrests where no charges are brought against the person are analysed in the vetting process.

A vetting disclosure will include particulars of the criminal record (if any) relating to the person, and a statement of the specified information (if any) relating to the person which the Chief Bureau Officer has determined in accordance with Section 15 of the Act should be disclosed, or state that there is no criminal record or specified information, in relation to the person.

The inclusion of any records of an arrest where no charges were brought as part of the 'specified information' in a vetting disclosure is a decision for the Chief Bureau Officer of the Garda Vetting Bureau, if he or she is satisfied that a disclosure of specified information is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons or both, as the case may be.

As Minister I have no role in such decisions, nor can I comment on decisions made regarding any individual vetting application.

Individual applicants can track the process of their application online using the eVetting tracking system, details of which are contained in the email received by all applicants when completing their application online. Further details on this facility are also outlined on An Garda Síochána's website, vetting.garda.ie.

I can also inform the Deputy that a Garda Vetting Review Group was established in April 2021 and meets regularly to discuss proposals regarding potential amendments to vetting legislation. This group includes members of the National Vetting Bureau in An Garda Síochána, officials from my Department, Tusla and other relevant stakeholders.

The primary focus of the Group is to deliberate on and formulate recommendations to strengthen the vetting legislation in an effective manner. Issues to be considered by the Group include any changes which may be possible around the matter of re-vetting and I hope that the Group will be in a position to report on its work early in the new year.