Question on mandatory vetting

QUESTION NO: 826

DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas Pringle
for WRITTEN on Tuesday, 5th November, 2013.
* To ask the Minister for Justice and Equality if he will provide a date for the implementation of the mandatory vetting of organisations working with children provided for under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012; and if he will make a statement on the matter.

– Thomas Pringle
REPLY.

The provisions in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 relating to the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. The UK Court considered the circumstances in which it is appropriate to disclose convictions for old, minor offences with particular regard to Article 8 of the European Convention on Human Rights. Having considered the judgement in that case, I am bringing proposals to Government to provide that certain old minor convictions will not be disclosed under the provisions of the 2012 Act. Given the close relationship between this Act and the Spent Convictions Bill, which is before the Oireachtas at the moment, any changes to the Vetting Act will have to be reflected in the Spent Convictions Bill.

Subject to the approval of the Government, I expect to be in a position to amend the 2012 Act and the Spent Convictions Bill. I expect to be in a position to commence the provisions of the 2012 Act in 2014.

In the meantime, the vetting of persons working with children and vulnerable persons will continue to be done on a non-mandatory basis.

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