Dáil Éireann Debate, Tuesday - 5 April 2011
286 Deputy Joe McHugh asked the Minister for Justice and Equality if he will consider amending the Children Act 2001 or the Criminal Justice Act 2006 in order that youth offenders who have not re-offended are given clean records, thus facilitating travel and increasing job employment prospects; and if he will make a statement on the matter. [6417/11]
View answerI wish to inform the Deputy that the current legislation already makes provision for the non-disclosure of the criminal records of young offenders in certain circumstances.
The governing statutory provision is section 258 of the Children Act 2001. Section 258(1) of the Children Act 2001 provides for the non-disclosure of most offences committed by persons under 18 once specific conditions have been met. Section 258(4)(b) expressly provides that when someone seeks information with respect to a person’s previous finding of guilt for any such offence, the question is to be treated as excluding the need to make any reference to such matters. The effect of this provision is that where the relevant conditions have been met, the person need not make a disclosure and is to be treated for all purposes in law as a person who has not committed, been charged with, prosecuted for, found guilty of or dealt with for an offence and the person may, except as provided for in the section, withhold information about the offence and the circumstances relating to it.
As persons meeting these conditions are no longer regarded under Irish Law as having committed offences they essentially have a clean record and in the context of travelling abroad, or seeking employment, they can truthfully claim to have a clean record.
I hope that this clarifies the position for the Deputy. I have asked officials to examine whether further clarification on this matter is required and advise me if a Ministerial Order pursuant to Sub Section 4(d) is necessary.
