Written Answers Nos. 494-510
494. Deputy Catherine Murphy asked the Minister for Defence if he will indicate, in respect of State boards under his Department's remit, the name of each appointee made from 7 March 2011 to date in 2015; the date of appointment; whether each appointee came through an advertised public application process; the number of vacancies which currently exist on State boards under his remit; and if he will make a statement on the matter. [37359/15]
View answerThe State Boards under the aegis of the Department of Defence in March 2011 were the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board. The only State body currently under the aegis of the Department of Defence is the Army Pensions Board. The Army Pensions Board is an independent statutory body established under the Army Pensions Act 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non-military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Public Expenditure and Reform. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces.
There have been 5 appointments to the Army Pensions Board since March 2011. Commandant Adam Lagun was appointed to the position of Army Medical Corps member of the Board in December 2011. This position became vacant in October 2014 due to Commandant Lagun being deployed overseas. On the recommendation of the Chief of Staff the temporary appointment of Commandant Syed Shah from 16 October 2014 to 31 May 2015 to the Board was made to cover the Commandant Lagun’s absence. Commandant Lagun resumed as Ordinary member of the Board in June 2015. The position became vacant again in September 2015 with the deployment overseas of Commandant Lagun. On the recommendation of the Chief of Staff Commandant Zdenek Osecky was appointed temporarily from 10 September 2015 to 30 June 2016 to cover this temporary vacant position.
As the Army Pensions Act 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, the positions outlined above were not publicly advertised on either occasion. Details of these appointments to the Army Pensions Board were published in the Iris Oifigiúil.
A civilian doctor, Dr. Loretta Nolan, was appointed as ordinary member of the Army Pensions Board in November 2013. The civilian doctor vacancy was advertised on the Department of Defence website and the Public Appointments Service website. A number of expressions of interest in the position were received and an appointment to the Board was made on foot of this public advertisement process.
There are currently no vacancies on the Army Pensions Board.
The Civil Defence Board was identified in the Public Service Reform Plan as a body to be abolished. Against this backdrop, in July 2011 the then Minister for Defence appointed a 14 person interim Board as a temporary measure. In this context none of the positions were advertised. Legislation to dissolve the Board was passed by the Oireachtas in December 2012. Its functions have now transferred back to the Department of Defence. The membership of the interim Board appointed in July 2011 is set out in the following table:
|
Name |
Nominating Bodies |
|
Civil Defence Board Chairperson |
|
|
Mr. Brian Spain Director, Department of Defence |
Nominated by the Minister for Defence |
|
Civil Defence Board Members |
|
|
Mr. Cathal Duffy Principal, Department of Defence |
Nominated by the Minister for Defence |
|
Ms. Clare Tiernan Principal, Department of Defence |
Nominated by the Minister for Defence |
|
Mr. Robert Mooney Principal, Department of Defence |
Nominated by Minister for Defence |
|
Mr. Bill Smith Director General, Civil Defence Board |
Appointed as Director General, Civil Defence Board |
|
Mr. Ned Gleeson County Manager, Limerick City Council |
Nominated by City & County Managers Association |
|
Mr. Keith Leonard Assistant Fire Advisor |
Nominated by the Minister for Environment, Community and Local Government |
|
Dr. Barbara Rafferty |
Nominated by Radiological Protection Institute of Ireland |
|
Mr. Becci Cantrell |
Nominated by the Environmental Protection Agency |
|
Ms. Veronica Forde Assistant Civil Defence Officer |
Nominated by the Civil Defence Officers Association |
|
Lt. Col. Tony Kelly SSO, Defence Forces |
Nominated by the Chief of Staff of the Defence Forces |
|
Chief Superintendent Orla Mc Partlin An Garda Síochána |
Nominated by the Commissioner of An Garda Síochána |
|
Mr. Fergal Conroy |
Elected volunteer member of Civil Defence |
|
Ms. Eileen Joyce |
Elected staff member of the Civil Defence Board |
There were no appointments to the Board of Coiste an Asgard from 2009. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. The formal wind up of the Company, including voluntary strike off with the Companies Registration Office, was completed in early 2013.
495. Deputy Finian McGrath asked the Minister for Defence if he will support the Reserve Defence Force recommendation for the White Paper on defence (details supplied). [37513/15]
View answerI am fully committed to the future development of the Reserve Defence Force (RDF) and the White Paper on Defence sets out a range of measures to further enhance the capabilities and utility of the RDF over its lifetime.
The immediate challenge for both the Army Reserve and Naval Service Reserve is to recruit and train sufficient personnel to meet the respective establishments. A major recruitment campaign last year did not achieve the desired effect with the process yielding only 152 inductees. Following a review of last year’s campaign a number of changes were introduced. The most recent returns indicate that there have been 314 inductees to date in 2015 and this is a welcome improvement on last year’s figure. The military authorities estimate that there will also be a further 100 inductees by year end. The Defence Forces will continue to strive to improve the level of RDF recruitment in 2016.
While recruitment is an immediate challenge, the retention of members is also a key requirement in order to meet strength targets. The implementation of measures set out in the White Paper will provide opportunities for certain members of the Reserve to undertake duties. I believe that this will be a key motivating factor in encouraging more people to join the Reserve as well as making it more attractive for current members to stay. I am confident that the measures for the Reserve outlined in the White Paper will, in due course, lead to a more vibrant RDF which will deliver enhanced military capabilities for the benefit of the State.
496. Deputy Pádraig Mac Lochlainn asked the Minister for Defence when he will publish the findings of the independent review by retired High Court judge, Mr. Justice Roderick Murphy, of the death of Private Hugh Doherty and the disappearance of Private Kevin Joyce while serving with the Irish battalion of the United Nations Interim Force in Lebanon on 27 April 1981, in Dayr Ntar, a village in south Lebanon. [37760/15]
View answerIn December 2014, I appointed former High Court Judge, Mr. Justice Roderick Murphy to conduct an independent review of the investigation of the death of Private Hugh Doherty and the disappearance of Private Kevin Joyce (Caomhán Seoighe) on 27 April 1981 while serving as members of the Irish Battalion with the United Nations Interim Force in Lebanon (UNIFIL).
Privates Doherty and Joyce were serving with UNIFIL in 1981 when, on 27 April 1981, an observation post at Dayr Ntar manned by them came under attack. Private Doherty was later found dead from gunshot wounds and Private Joyce was missing. The attackers are unknown. Over the years, extensive diplomatic and military efforts to locate Private Joyce have proved fruitless. To date, no information has been elicited to lead to the recovery of Private Joyce’s remains.
In late June 2015, Mr. Justice Roderick Murphy presented his report to me. Following a review of his report a number of clarifications were raised with Mr Murphy which he is currently addressing. I also sought legal advice from the Attorney General in relation to the publication of the report. The matter is nearing a conclusion and I intend to publish the report, once all legal and other issues arising from the report have been addressed.
497. Deputy Seán Ó Fearghaíl asked the Minister for Defence further to the reply to Questions Nos. 357 and 358 of 20 October 2015, if he will specifically and unambiguously confirm whether the triple lock mechanism and the Defence (Amendment) Act 2006 prevent the Defence Forces from participating in phases two and three of the European Union naval force operation, Mediterranean (Operation Sophia), in the south central Mediterranean, which was approved by the European Council on 18 May 2015. [37855/15]
View answerThe Naval Service is currently deployed to the Mediterranean sea undertaking humanitarian search and rescue operations on the basis of a bilateral agreement with Italy and pursuant to the provision of Section 3(1)(f) of the Defence (Amendment) Act 2006. Ireland is not currently participating in the European Union CSDP mission EUNAVFOR MED - Operation Sophia.
As I stated in my reply to Parliamentary Questions Numbers 357 and 358 of the 20 October 2015, “there are no plans to deploy naval personnel or vessels to the EU Mission at this time”. In addition, I advised the House that “The LE Samuel Beckett will continue humanitarian search and rescue operations in the Mediterranean in close co-ordination with the Italian authorities. Following completion of her mission in early December, the operation will be reviewed in detail.” As such, detailed consideration of the legal provisions of potential Defence Forces participation in the EU mission has not arisen to date.
As part of that review, the question of any further deployment and the nature and operational context of any such deployment will be examined, including whether Ireland should participate in the CSDP mission. It is at that stage that the legal issues, including the question of whether and what UN Security Council Resolution might be required in terms of Ireland’s participation in the CSDP operation, having regard to the requirements of the provisions of the Defence Acts regarding overseas deployment of Defence Forces personnel, fall to be considered.
It is our understanding that various aspects of the proposed mission, in particular Phase 2 part (ii) and phase 3, will, of their nature, require a UN Security Council Resolution and/or a request from the host State, if the mission is to proceed to these stages in accordance with international law. However, the question of Ireland’s participation will still need to be considered in the context of any then applicable UN Security Council Resolutions, international law, the situation in Libya and the provisions of the Defence Acts and that will be a matter for the Attorney General to advise on at the appropriate juncture.
498. Deputy Noel Coonan asked the Minister for Defence for an update on a representation (details supplied); and if he will make a statement on the matter. [38146/15]
View answerI am advised by the Military Authorities that a Freedom of Information application has been received in relation to this matter. A reply will issue on or before 10 November 2015.
499. Deputy Seán Ó Fearghaíl asked the Minister for Defence if his Department received any communications from the Department of the Taoiseach relating to the Defence Forces providing security around ATMs in 2012 or 2013. [38375/15]
View answer500. Deputy Seán Ó Fearghaíl asked the Minister for Defence if the Defence Forces received any requests to provide aid to the civil power in respect of providing security around ATMs in 2012 or 2013. [38376/15]
View answerI propose to take Questions Nos. 499 and 500 together.
The Department of Justice and Equality and An Garda Síochána have primary responsibility for the internal security of the State. Among the roles assigned to the Defence Forces in the White Paper on Defence is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.
Notwithstanding the discussions that were taking place and contingency planning underway, my Department received no formal communications in relation to this matter as the question of provision of security assistance did not arise. I understand that contingency plans which were being considered could have involved deployment of the Defence Forces.
On an ongoing basis, the Defence Forces conduct a wide range of training activities designed to respond to possible security emergencies that may arise. In this context, the Defence Forces are prepared to carry out any security related tasks, as may be directed by Government.
501. Deputy Finian McGrath asked the Minister for Defence to outline the number of civil servants under his remit who have been reinstated in recent years after taking a career break; and if he will make a statement on the matter. [38723/15]
View answerCivil Service policy on leave without pay is decided centrally by the Department of Public Expenditure and Reform. Civil Service Regulation Acts 1956-2006, Circular 4/2013, governs Civil Servants being re-instated after taking a career break.
Since March 2011 two staff members have been reinstated in my Department following Career Breaks, one in Department of Defence offices in Newbridge and another in Department of Defence offices in Galway. A further staff member is due to commence employment in my Department in Newbridge on 9th November on transfer from another Department and who is resuming work after a career break granted by that other Department.
502. Deputy Ciarán Lynch asked the Minister for Justice and Equality to set out her plans to improve the residential property price register by the inclusion of readily available information, such as whether the property is a house or an apartment, the number of bedrooms, the square footage, the site area and the local authority area; and if she will make a statement on the matter. [37399/15]
View answerThe information contained in the Residential Property Price Register is compiled by the Property Services Regulatory Authority from information supplied to the Revenue Commissioners for Stamp Duty purposes. This information excludes floor area, number of rooms, site area or the local authority area in which the property is located. No distinction is made between houses and apartments in the information provided. The details made available on the Register are limited to price, address and date of sale. It is designed to provide, on an ongoing basis, accurate prices of residential properties purchased at a particular date. The additional information referred to by the Deputy is not readily accessible for inclusion in the Residential Property Price Register at this time. Accordingly, I understand that the Authority does not have any plans at this time to amend the type of information provided in the Register.
503. Deputy Tom Fleming asked the Minister for Justice and Equality to outline the programme schedule for the roll-out and implementation of the comprehensive employment strategy for people with disabilities; and if she will make a statement on the matter. [37533/15]
View answerThe Strategy, which was launched on Friday 2 October, sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. People with disabilities are only half as likely to be in employment as others of working age. The reasons for this are complex, and include level of education and skills, fears around loss of benefits, employer know-how, low expectations, and limited re-entry to work following onset of a disability, as well as a higher incidence of ill-health.
The Comprehensive Employment Strategy for People with Disabilities is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment.
The Strategy's six strategic priorities are:
- Build skills, capacity and independence
- Provide bridges and supports into work
- Make work pay
- Promote job retention and re-entry to work
- Provide coordinated and seamless support
- Engage employers.
Implementing the Strategy will require continuing interdepartmental co-operation and a joined-up approach to supports and services for jobseekers and workers with disabilities. The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years.
504. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality to outline her plans to implement the recommendations made by the Committee of Public Accounts relating to wards of court; if this will be done as a matter of urgency; and if she will make a statement on the matter. [37683/15]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts, including management of the Office of Wards of Court, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they are actively considering their response to those recommendations that come within its remit, contained in the report of the Committee of Public Accounts in relation to Wards of Court. A provisional implementation plan has been prepared and it is intended that the recommendations will be implemented as soon as possible. As the Deputy is aware, the Assisted Decision-Making (Capacity) Bill 2013 will, when enacted, abolish wardship for adults. The Bill sets out the provisions that will apply in relation to the review of adult wards and their discharge from wardship or migration to the other decision-making options provided for under the Bill.
505. Deputy Michael McCarthy asked the Minister for Justice and Equality to set out her views on correspondence (details supplied) regarding the Syrian refugee crisis; and if she will make a statement on the matter. [37719/15]
View answerOn 13 May 2015, the European Commission published an EU Agenda for Migration. The Commission proposed the establishment of an EU-wide resettlement scheme to offer 20,000 resettlement places by the end of 2016. Ireland has committed to accepting 520 persons for resettlement during the 2015/2016 period under this initiative. Ireland is one of 27 states worldwide that participate in a refugee resettlement programme led by the United Nations High Commissioner for Refugees (UNHCR). To be eligible for resettlement under this programme, a person must be a refugee, i.e. they must have left their country of origin and sought protection in another country. For example, refugees displaced by the Syrian conflict currently resident in Lebanon and Jordan would be eligible for resettlement whereas a person still resident in Syria would not.
The focus of the Irish resettlement programme in recent years has been on the resettlement of refugees displaced by the Syrian conflict. UNHCR, in cooperation with NGOs at a local level, identify the most vulnerable persons for resettlement purposes, regardless of their race, religion, nationality or ethnicity. UNHCR then proposes the cases to Ireland for consideration. Self referrals or referrals by other organisations or individuals do not form part of this programme.
The Resettlement team of the Office for the Promotion of Migrant Integration of my staff went to Lebanon on two occasions in 2015 and to Jordan on one occasion in 2014 to interview refugees for resettlement purposes. 397 persons, including Syrians and Iraqis of both Christian and Muslim faiths were selected for resettlement during those selection missions.
506. Deputy Terence Flanagan asked the Minister for Justice and Equality if legislation will be amended to ensure that persons with dyslexia are provided with the necessary assistance to sit aptitude tests and examinations as part of job interviews (details supplied); and if she will make a statement on the matter. [37953/15]
View answerThe Employment Equality Acts outlaw discrimination on the ground of disability in employment, including recruitment, subject to the employee or prospective employee being fully competent or capable of undertaking the duties of the job. The legislation requires employers or prospective employers to take reasonable steps (otherwise known as reasonable accommodation) to accommodate the needs of employees or prospective employees with disabilities, subject to the cost not being disproportionate. While I cannot offer legal advice or comment on individual cases, this might involve a prospective employer providing assistive technology to allow the job applicant to undergo aptitude or selection tests on an equal basis with other applicants.
The Workplace Relations Commission (WRC) provides a mediation and adjudication service in relation to complaints of discrimination under the Employment Equality Acts and the Irish Human Rights and Equality Commission (IHREC) offers advice and assistance to persons who consider they have been discriminated against, including help in taking a complaint to the WRC. I would suggest that the Deputy's constituent should approach IHREC for further advice. The contact details are as follows:
The Irish Human Rights and Equality Commission, 16-22 Green Street, Dublin 7. Lo-call: 1890245545. Tel: (01) 8589601. Email: info@ihrec.ie.
507. Deputy Michael Healy-Rae asked the Minister for Justice and Equality to outline her views on a matter (details supplied) regarding Kilmainham Garda station, Dublin 8; and if she will make a statement on the matter. [38268/15]
View answerThe programme of replacement and refurbishment of Garda accommodation around the country is based on agreed accommodation priorities which are established by An Garda Síochána. This programme is progressed by the Garda Authorities in co-operation with the Office of Public Works (OPW), which has responsibility for capital expenditure in this area.
In relation to Kilmainham Garda Station, I am advised by the Garda authorities that the roof and windows in the rear annex of the station have been refurbished over the last year. I am further advised that the OPW will commence painting the interior of the station shortly.
508. Deputy Noel Coonan asked the Minister for Justice and Equality if her Department will reinstate the Garda Síochána annual rent allowance for new recruits; if she will acknowledge the important assistance it provided to recruits when they took up their station; the calls for same to be reinstated as recruitment numbers increase; and if she will make a statement on the matter. [38291/15]
View answerThe Deputy will be aware that following a review of all allowances in the public service in 2011 and 2012, rent allowance for all new public servants including Gardaí, Prison Officers and Fire Officers was abolished in early 2012. There are no plans to re-instate this allowance.
509. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality to outline the actions the Government has taken to combat crime, especially in rural areas; and if she will make a statement on the matter. [37159/15]
View answerI can advise the Deputy that the Government's response to crime in both rural and urban areas, and burglaries in particular, is focussed on two key objectives; strengthening the law to get tougher on serious and repeat offenders and investing in the capacity of An Garda Síochána to enforce that law effectively. In relation to legislation, the Deputy will be aware that Criminal Justice (Burglary of Dwellings) Bill, 2015 is currently before the Houses of the Oireachtas and that it provides new tougher measures to target repeat burglary offenders. In addition, the Government is making significantly enhanced resources available to the Garda Commissioner, including the very significant investments in manpower, vehicles and surveillance resources which were announced on Budget Day and in the Capital Plan 2016 - 2021.
Yesterday I joined the Garda Commissioner and senior Gardaí at Garda Headquarters for the launch by An Garda Síochána of Operation Thor, a new multi-strand national anti-crime and anti-burglary operation. Operation Thor has been in the planning for several months and is being launched both as a follow-on to recent announcements regarding investment in policing and to coincide with the advent of longer winter nights.
Operation Thor will entail a broad range of activities to tackle burglars, organised crime gangs and prolific offenders as well as working with communities to prevent crime. These include: additional high-visibility patrols in identified burglary hot-spots; increased used of checkpoints to tackle the criminal gangs using the national road network; the use of new high powered vehicles by the armed Regional Response Units; efforts to disrupt the stolen goods market; programmes to help reduce re-offending by prolific offenders; a high-profile national crime prevention awareness campaign to be launched later this month, and targeted crime prevention advice for local communities and enhanced supports for victims.
Operation Thor is made possible by the increased investment in policing by this Government, including an allocation of €5 million to specifically support this new Operation. This follows the investment of €34 million in Garda vehicles since 2012, with 640 new vehicles becoming available this year, including high powered vehicles for armed Garda units. There is also important investment in airborne surveillance and the Capital Plan 2016 - 2021 provides for a very significant investment in new Garda technology and information systems as well as the ongoing delivery of new Garda vehicles, amounting to €205 m over the life of the Plan. Operation Thor is further supported by the ending of the moratorium on Garda recruitment by this Government, with 550 new recruits having already been taken in and a further 600 to commence training next year.
In addition to the extensive policing measures, there are several crime prevention initiatives which have been established by An Garda Síochána in partnership with the Irish Farmers Association, Muintir na Tire and other rural community organisations, including the well established Community Alert Programme, the ongoing work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the new Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme. I am pleased to say that I have secured €397,000 for the crime prevention initiatives supported directly by my Department in 2016, including Community Alert and Crimestoppers, and this represents a doubling of funding in this area.
Taken together the measures which I have outlined mark a significant step-up in the overall response to burglaries and underlines the Government's determination to confront crime and protect communities in rural and urban areas.
510. Deputy Clare Daly asked the Minister for Justice and Equality to outline her plans to bring the Spent Convictions Bill before the Houses of the Oireachtas, given her previous commitment that the matter would be concluded before the summer recess; and if she will make a statement on the matter. [37181/15]
View answerBefore the Spent Convictions Bill could be enacted, 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. This judgement in the UK Courts found that the policy of disclosure of all criminal convictions under the UK’s equivalent legislation was contrary to Article 8 of the European Convention of Human rights. The UK Courts found that there must be some assessment of the relevance and proportionality of offences, in particular old, minor offences.
A review of the provisions of the Vetting Act has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill have been drafted. I intend to bring the amendments to the Bill before the Oireachtas in the next month or so, with a view to then commencing the Act.
Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions which I consider likely to be contained in the amended Act.
A copy of this Administrative Filter is attached.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
