Dáil Éireann Debate, Thursday - 29 November 2012
207. Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding a dismiss under the Probation of Offenders Act 1907 and the significance that is attached to it under Garda Vetting procedures. [53679/12]
Amharc ar fhreagraSection 1 (1) of the Probation of Offenders Act 1907 allows a court of summary jurisdiction, in a case where the court thinks the charge is proved but it is inexpedient to inflict any punishment, to release the offender on probation without proceeding to a conviction and make an order dismissing the charge or discharging the offender conditionally.
Garda Vetting disclosures are made to registered organisations following the signed authorisation of a vetting subject permitting the Garda Central Vetting Unit to disclose to the registered organisation "details of all prosecutions, successful or not, pending or completed, and/or convictions which may be recorded in respect of them in the State or elsewhere"; or alternatively that there are "no prosecutions or convictions recorded in respect of them". To the extent that all prosecutions are disclosed under existing arrangements, a prosecution resulting in an order dismissing the charges under the Probation of Offenders Act 1907 would be disclosed.
However, this will no longer be the case following the enactment and commencement of the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012. Under that Bill, "criminal records" which will be subject to automatic disclosure are defined (in section 2) as
"(a) a record of the person's convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or
(b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence,
or both;".
As automatic disclosures will be limited to convictions or pending prosecutions, an order dismissing the charge under the Probation of Offenders Act 1907, will not be automatically disclosed on foot of an application for a vetting disclosure following the commencement of the new vetting legislation. However, it may be information which could be disclosed under the category of 'specified information'. Under the Bill, this is information, other than criminal records, which concerns a finding or allegation of harm to another person which is of such a nature as to reasonably give rise to a bona fide concern that the person may harm a child or vulnerable person. However, the disclosure of such information is subject to the prior notice of the vetting subject and requires a pre-disclosure assessment as to the relevance of the information concerned to the type of work or activity to which the application for vetting relates. There is also provision for the vetting subject to appeal a decision to disclose such information.
It is expected that the National Vetting Bureau (Children and Vulnerable Persons) Bill which is currently being considered by Seanad Éireann, having passed all stages in Dáil Éireann, will be enacted by Christmas with commencement scheduled for March 2013.
