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Spent Convictions Legislation

Dáil Éireann Debate, Tuesday - 11 December 2012

Tuesday, 11 December 2012

Questions (74)

Michelle Mulherin

Question:

74. Deputy Michelle Mulherin asked the Minister for Justice and Equality his plans to address the issue of spent convictions which was dealt with in the Law Reform Commission report in or around 2007 which would allow the slate to be cleaned in relation to certain offences after a number of years for a convicted person; and if he will make a statement on the matter. [54358/12]

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Written answers

The Criminal Justice (Spent Convictions) Bill 2012 was published on 2 May 2012 and passed Second Stage in the Seanad on 13 June 2012.

The Bill, which builds on the recommendations in the Law Reform Commission Report on Spent Convictions (LRC 84-2007) provides for the non-disclosure of certain convictions in certain circumstances. Convictions resulting in sentences of one year or less, as well as all non-custodial sentences are covered by the Bill. However, convictions for offences reserved for trial by the Central Criminal Court and convictions for sexual offences are excluded from the benefits of the Bill. Furthermore, anyone applying for a position working with children or vulnerable persons must continue to disclose all previous convictions, as must anyone applying to work in sensitive positions in the public service or for certain licences.

The enactment of the Bill will bring Ireland into line with the vast majority of EU Member States. It will allow those convicted of relatively minor offences to move on with their lives and leave their pasts behind and has the capacity to assist with the rehabilitation of offenders by improving their chances of gaining employment.

I hope that it will be possible to enact the Bill in the early part of 2013.

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