Dáil Éireann Debate, Tuesday - 24 May 2016
72. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she has considered the actions of insurers since the passing of the spent convictions legislation; if it will continue to be acceptable for insurers to seek information regarding previous motoring offences; and if she will make a statement on the matter. [11305/16]
View answerThe Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides that convictions that are eligible to be spent no longer have to be declared. Under the Act, where a person is asked a question seeking information in relation to the person's past convictions or the circumstances ancillary to them, that question shall be understood as not applying to a conviction that is spent and the person may reply accordingly. The convicted person will not be penalised in law or incur any liability for failing to disclose a spent conviction.
A specific limitation applies, however, where a person has a conviction for fraud or deceit or dishonesty in respect of a claim under a policy of insurance. In this circumstance the person is not excused from disclosing such a conviction on an insurance proposal form.
The following convictions which are more than 7 years old are now regarded as spent:
All convictions in the District Court for motoring offences, with the proviso that spent convictions for dangerous driving are limited to a single conviction.
All convictions in the District Court for minor public order offences.
In addition, where a person has one, and only one, conviction (other than a motoring or public order offence) which resulted in a term of imprisonment of less than 12 months (or a fine) that conviction is also spent after 7 years. This can be a District Court or Circuit Court conviction.
