Dáil Éireann debate -
Tuesday, 29 Feb 2000

Vol. 515 No. 3

Written Answers. - Employees' Clearance Checks.

Alan Shatter

Question:

299 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if the Garda is obliged to respond to a query from a hospital inquiring into whether a potential hospital employee or an existing employee has a criminal record; if the Garda is entitled to decline to furnish information sought on the grounds that it violates the Data Protection Act, 1988; and if he will communicate with the Garda Commissioner to ensure these queries are promptly replied to. [6146/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Arrangements have been in place since 1994 whereby the Garda Síochána carries out clearance checks in respect of full-time prospective employees in the health care area who would have substantial access to children or vulnerable individuals. These arrangements, which were introduced by my predecessor at that time at the request of the Department of Health and Children in response to allegations of abuse of children in residential child care centres, are implemented by the Garda Síochána in strict adherence to legal advices received in the matter from the Attorney General.

The clearance procedure requires that a prospective employee sign a consent form which the hospital or health board forwards to the Garda authorities. The result of the clearance check is then forwarded directly to the hospital or health board which has made the inquiry. Section 8(h) of the Data Protection Act, 1988, permits the disclosure of personal information where such disclosure is made at the request of, or with the consent of, the data subject.

I am informed by the Garda authorities that every effort is made to have clearance requests from hospitals and health boards processed as speedily as possible. In normal circumstances such requests are processed in about two weeks; however, there may be other circumstances where the process can take longer.