Michael Healy-Rae
Question:430. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [16310/14]
View answerTuesday, 8 April 2014
Questions (430, 431, 432)
Michael Healy-Rae
Question:431. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence (details supplied) on Garda vetting regarding soft information; and if he will make a statement on the matter. [16311/14]
View answerMichael Healy-Rae
Question:432. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if the new legislation with regard to Garda vetting is being implemented and when it will come into force; and if he will make a statement on the matter. [16312/14]
View answerWritten answers
I propose to take Questions Nos. 430 to 432, inclusive, together.
The information provided by the Deputy is unclear as to the age that the young person in question was at the time the theft offences were committed. If the person was under 18 at that time, then in accordance with the provisions of section 258 of the Children Act 2001, such offences would not be disclosed once a period of three years has elapsed since the date of the offence, provided that the person has complied with any order of the Court.
Separately, elements of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions of persons over 18 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. I expect to be in a position to commence the provisions of the 2012 Act in the autumn of 2014.
The National Vetting Bureau (Children & Vulnerable Persons) Act 2012 sets out procedures to allow the disclosure of criminal records and specified information for vetting purposes. “Specified information” is information other than a court determined criminal record. For example, “specified information” would include cases where, in accordance with the provisions of the Probation Act 1907 the Courts find that a case against an adult person has been proved, but the person is given probation instead of a criminal conviction. The procedures set out in the Act are designed to ensure that the human rights of the person being vetted are adequately protected. It is important to note that before specified information can be disclosed, the person who is the subject of the information must be given a copy of that information and must be given the opportunity to challenge the proposed disclosure. The Act also provides that a disclosure of such information will only occur where there is a bona fide concern that the person poses a threat to children or vulnerable persons, and the information has been assessed for its reliability and relevance, and the disclosure is in accordance with principles of natural justice. In the meantime, the vetting of persons working with children and vulnerable persons continues to be done on a non-statutory basis.
Pending commencement of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 the revisions in approach outlined above will, in the interim be applied on an administrative basis by the Garda Central Vetting Unit. Until now all records of all criminal convictions have been disclosed by the Gardaí when vetting people for various employments. However, in future certain minor offences that are more than seven years old, where the person has not subsequently reoffended, will not be disclosed. In addition, cases of minor offences where charges are struck out will not be disclosed. Minor motoring or public order offences which are more than seven years old will not be disclosed in any case. Instances where the District Court has applied the Probation Act will not be disclosed unless the offence in question is a sexual offence or an offence against the person.
More serious offences, such as all sexual offences, offences against the person, serious motoring offences, firearms offences, robbery, or any offence for which the person is convicted on indictment will continue to be disclosed in all cases.