Pádraig MacLochlainn
Question:438. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 will be fully enacted. [6437/14]
View answerTuesday, 11 February 2014
Questions (438, 440)
Pádraig MacLochlainn
Question:440. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he intends to introduce amendments to the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 that would dilute the requirement for fresh vetting applications for each new position created working with children or vulnerable persons, either salaried or voluntary. [6439/14]
View answerWritten answers
I propose to take Questions Nos. 438 and 440 together.
The National Vetting Bureau (Children and Vulnerable Persons) Act was enacted in 2012. However, it has not yet been commenced.
Elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, I intend bringing proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill. The amendment of the Vetting Act will also be done via the Spent Convictions Bill.
Following amendment of the 2012 Act by the Oireachtas, I expect to be in a position to commence the provisions of the 2012 Act in the autumn of 2014.
In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis.
I do not intend to introduce amendments to dilute the requirement for organisations to obtain up-to-date vetting applications when recruiting people to a new position. However, the amendments which I will be proposing to the Vetting Act will make it clear that where two or more organisations are jointly responsible for vetting the same individual, they may agree in writing that one of the organisations will be responsible for conducting the vetting.
The procedures set out in section 2 of the Data Protection Acts mean that vetting disclosure data could only be shared in very limited circumstances. Firstly there is a requirement that the person concerned must explicitly agree that their personal data can be processed by any organisations. Secondly, sensitive personal information can only be processed if it is accurate and up-to-date. Organisations could not process old vetting disclosures, with a view to employing a person, because the information contained in the disclosure may not be accurate, current and up-to-date.