asked the Minister for Justice if he is aware that Court convictions of 24 years ago were detailed by the Garda authorities in a character reference issued to a foreign country in respect of an Irish citizen; and if he will take steps to change this procedure.
Ceisteanna—Questions. Oral Answers. - Court Convictions in Character Reference.
53.
Police certificates of character are given to meet specific requirements of the authorities of certain foreign Governments who have made it very clear that their enquiry covers any conviction for an indictable offence, no matter how long ago. In these circumstances, the only choice the police have is to give a correct certificate which lists the convictions or to decline to give any certificate—in which case the foreign authorities concerned draw their own conclusions. I should emphasise that the certificate is sent to the person himself and that it is up to him to decide whether or not to produce it.
In the case referred to by the Deputy, the certificate was not issued to the authorities of a foreign country but to the man himself and was issued on the standard form. However, on reexamination, I am satisfied that a different form of certificate would meet the requirements of this particular case and a revised statement has been issued accordingly.
This case concerned a man in the Persian Gulf, in Kuwait, who was convicted 24 years ago by a so-called military court, consisting of three military officers, of a political offence and this was cited in the character reference to prevent him getting a job, and in case such a scandalous thing should happen again, may I have the Minister's assurance that offences of this nature will not be bracketed with ordinary criminal offences?
As outlined, I have remedied the situation in this particular case and I would take a similar view in regard to any minor political offences committed in this country.
Would the Minister say what he means by "minor"?
That is a matter for the merits of each case.
The definition of "minor" would be very relevant.
That would be a matter for my discretion at the appropriate time in the circumstances and merits of each particular case.