Thomas Pringle
Question:291. Deputy Thomas Pringle asked the Minister for Justice and Equality the current status of the Criminal Justice (Spent Convictions) Bill 2012; and if she will make a statement on the matter. [6646/15]
View answerTuesday, 17 February 2015
Questions (291, 294)
Michael McGrath
Question:294. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the removal of certain minor criminal convictions from a person's record after a period of time; and if she will make a statement on the matter. [6700/15]
View answerWritten answers
I propose to take Questions Nos. 291 and 294 together.
The current position is that the Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill.
The UK Court of Appeal found that the UK policy of disclosing all criminal convictions was in breach of Article 8 of the European Convention on Human Rights. The Court found that disclosure of old minor criminal records should not be automatic but should instead be based on consideration of the relevance and proportionality of the conviction. The Attorney General has advised that similar considerations should apply to disclosure of criminal convictions in this State.
That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I expect the amendments to be brought before the Oireachtas before the summer.