Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Spent Convictions

Dáil Éireann Debate, Tuesday - 6 November 2018

Tuesday, 6 November 2018

Ceisteanna (397, 398)

Clare Daly

Ceist:

397. Deputy Clare Daly asked the Minister for Justice and Equality if there is an obligation on An Garda Síochána to expunge details of offences for which convictions have become spent from PULSE. [44942/18]

Amharc ar fhreagra

Clare Daly

Ceist:

398. Deputy Clare Daly asked the Minister for Justice and Equality if it is normal practice as part of the Garda vetting procedure to issue a vetting report that includes a note in regard to a conviction that has become spent for a person that is not seeking to work with children or vulnerable adults; and if he will make a statement on the matter. [44943/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 397 and 398 together.

The Deputy will be aware that the effect of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 is that, although it remains part of the criminal record, the person shall not incur any liability or be otherwise prejudiced in law because he or she did not disclose the spent conviction or the circumstances ancillary to that conviction.

There is no formal procedure to be gone through to have a conviction declared spent. If the conviction is eligible to be spent it becomes spent once 7 years has passed from the date of conviction. I am further advised that the effect of a spent conviction is that a person would not be penalised for failing to disclose a conviction that is spent. The fact that a conviction may be a spent conviction does not mean it ceases to be part of the person's criminal record. However, disclosure is required in certain circumstances including for example for specified work, such as with An Garda Síochána and the Defence Forces, and for public service vehicle, private security, taxi and firearm licences. If someone has been convicted of fraud, deceit or dishonesty in respect of a claim under a policy of insurance or a policy of assurance, they have to disclose that conviction on any insurance or assurance proposal or form.

Arising from this, An Garda Síochána are not required to expunge the details of such offences from PULSE.

With regard to the Garda vetting procedure, the Deputy will appreciate that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016.

I am informed by the Garda authorities that disclosures by An Garda Síochána for persons not seeking work with children or vulnerable adults are made in accordance with Section 6 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. I am informed that it is normal practice, as part of such disclosures, to include particulars of the criminal record, if any, relating to the person, or a statement that there is no criminal record in relation to the person. A disclosure shall not contain details of any convictions which are "spent" as provided for in Section 6 of the 2016 Act subject to the provisions mentioned above.

Barr
Roinn