Written Answers. - Criminal Records.

Seamus Healy

Question:

222 Mr. Healy asked the Minister for Education and Science the position regarding the promised deletion of court and criminal records of persons who were placed in residential institutions in the past; and if he will make a statement on the matter. [3838/03]

The issue of criminal records of persons placed in a residential institution in the past is addressed by section 35 of the Residential Institutions Redress Act 2002 and section 258 (1) of the Children's Act 2001. Section 35 of the Residential Institutions Redress Act states:

For the avoidance of doubt, a person who was detained in an industrial school pursuant to the Children Act 1908 other than a person who was so detained as a consequence of a conviction for an offence, shall not be subject to any disqualification or any other restriction that is a consequence of a conviction for an offence.

I have made arrangements for an extract of the Children's Act 2001, which outlines the conditions for non disclosure of certain finding of guilt for offences committed by a minor, to be forwarded to the Deputy.