Dáil Éireann Debate, Thursday - 20 February 2014
203. Deputy Heather Humphreys asked the Minister for Justice and Equality the way the Criminal Justice (Spent Convictions) Bill 2012 will impact on Garda vetting disclosures in the future; if the criminal justice Bill will result in certain minor offences which may have taken place a long number of years previously not being disclosed when a person is applying for a job; and if he will make a statement on the matter. [8799/14]
View answerUnder the Criminal Justice (Spent Convictions) Bill 2012, where a person intends to engage in relevant work, as defined in the Bill, he or she must disclose all previous convictions, if requested to do so. This mirrors the provisions in the National Vetting Bureau (Children and Vulnerable Persons) 2012, insofar as children and vulnerable persons are concerned.
My Department is currently in the process of reviewing the provisions in the Vetting Act relating to the disclosure of convictions in light of a recent judgment of the UK Court of Appeal in R (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 to bring proposals before the Oireachtas to provide that certain old minor convictions will not be disclosed under the provisions of the Vetting Act. Given the close relationship between that Act and the Spent Convictions Bill, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill.
