Dáil Éireann debate -
Thursday, 23 Oct 2003

Vol. 573 No. 2

Written Answers. - Residential Institutions Redress Board.

Richard Bruton

Question:

114 Mr. R. Bruton asked the Minister for Education and Science if his attention has been drawn to the requests by persons who were in residential care in institutions which are the subject of the present investigations, to have criminal status which was accorded to them when they were admitted, to be expunged from the record; if arrangements are being made for this to be done; and if he will make a statement on the matter. [24668/03]

Minister for Education and Science (Mr. N. Dempsey):

I would like to reassure the Deputy that a person who was detained in or committed to an industrial or reformatory school on foot of a court order, but who was not convicted of any offence, does not have a criminal record and the question of expunging a criminal record in such circumstances does not, therefore, arise. This issue had been raised previously by former residents of such institutions and led to the inclusion of section 35 in the Residential Institutions Redress Act 2002.

Section 35 of the Redress Act states:

For the avoidance of doubt, a person who was detained in an industrial school pursuant to the Children's 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.