Spent Convictions Legislation

Dáil Éireann Debate, Tuesday - 6 February 2018

Tuesday, 6 February 2018

Ceisteanna (262)

James Browne

Ceist:

262. Deputy James Browne asked the Minister for Justice and Equality his plans to alter the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to allow a person who was under 18 years of age at the time of an initial offence that did not relate to an offence committed against children or vulnerable adults, to have the offence deemed spent for the purposes of Garda clearance certificates to work with children or vulnerable adults; and if he will make a statement on the matter. [5723/18]

Freagraí scríofa

Minister for Justice and Equality

I would refer the Deputy to Section 258 of the Children Act 2001, which makes certain provisions in relation to the subsequent treatment of offences which were committed before a person reaches the age of 18 years.

It sets out the circumstances in which a conviction against a person, who at the time was under 18, to be effectively discounted, including in relation to the need for subsequent disclosure of such offences.

At this time, there are no specific plans to amend the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, but this legislation, and its relationship with the Children Act 2001, is kept under continuing review.