CHECK AGAINST DELIVERY

 

Opening remarks by the Minister for Justice and Equality, Frances Fitzgerald TD

Seand Eireann

Commencement Matter

 

3 March 2015

A Cathaoirleach,

I would like to thank the Senator for raising this matter today.

The Criminal Justice Spent Convictions Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That Court of Appeal case, known as the case of R (on the application of T) v Chief Constable of Greater Manchester found that the indiscriminate disclosure of all old, minor criminal records is incompatible with Article 8 of the European Convention of Human Rights.

Pending the amendment of both the Spent Convictions Bill, and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an Administrative Filter for Garda Vetting Disclosures has now been introduced. This provides that certain minor offences that are over 7 years old are no longer disclosed. I should therefore state that we now have procedures in place that are more generous provisions than those currently contained in the Spent Convictions Bill. This is because the number of motoring offences or public order offences which are not disclosed is not restricted to the two offences currently envisaged in the Spent Convictions Bill.

In accordance with the provisions of this filter over 80% of district court convictions now become spent after 7 years and are no longer being disclosed in Garda Vetting Disclosures.

This filter now provides the basis for amending the Spent Convictions Bill, with a few alterations. I am mindful that a circuit court conviction which results in a penalty of 12 months imprisonment could become spent under the current provisions of the Bill. I intend to retain a provision in the Bill which will allow one such circuit court conviction to become spent after 7 years.

The UK Case and a related report, known as the Mason Report have recommended that any regime of non-disclosure must be proportionate and “should be both simple and understandable to individuals who are users and/or customers of the disclosure service.” I fully agree with that recommendation. However, the Spent Convictions Bill currently has 24 different categories of offences with 24 different relevant periods after which that category of conviction is spent. This is, I believe, an unnecessarily complex and confusing aspect of the Bill. Accordingly I intend to amend the Bill to mirror the simpler provisions already contained in the administrative filter. I intend to have a common standard for minor convictions becoming spent after 7 years. This will provide a very clear, easy to understand procedure.

The amendments are being finalised at present and I intend to bring the amendments to the Bill before the Oireachtas as soon as possible. It is my intention that the Bill will be enacted before the summer.

I should state however, that the Spent Convictions Bill does not apply to Visa applications or job applications in any other State as we simply cannot legislate in this State for such matters.

ENDS