The linked commencement of the spent convictions and national vetting bureau laws yesterday comes after a review of the way the two measures were affected by a 2013 ruling of the UK’s Court of Appeal.
That ruling, which was unsuccessfully appealed, stated that the UK’s vetting policy, which required the disclosure of all criminal convictions, irrespective of their relevance, was contrary to Article 8 of the European Convention on Human Rights.
Article 8 provides that everyone has the right of respect for “his private and family life, his home and correspondence”, and that there should be no interference with the exercise of this right except when it is necessary in the interests of, amongst other factors, the rights and freedoms of others.
The laws commenced Friday allow for a type of "right to be forgotten" rule in relation to old convictions while at the same time ensuring that relevant convictions can continue to be brought to the attention of the National Vetting Bureau, which will vet those who work with children and vulnerable people. The new laws allow a vetting system that does not offend Article 8.
The numbers involved are huge, as the vetting system affects huge swathes of the education, health, sport and charities sectors.
“It’s a big day for the child welfare sector in Ireland,” was how the GAA’s child welfare manager, Gearóid Ó’Maoilmhichíl, described the developments.
The commencement of the laws puts on a statutory footing much that was voluntary. People already employed or working voluntarily in the sectors affected, and who have not been vetted, have until the end of next year to go through the system.
The Garda Central Vetting Unit, which is now to become the National Vetting Bureau, processed more than 350,000 applications last year.
Ó’Maoilmhichíl predicted that the new rules would see a drop in the number of people with criminal convictions relevant to their applications, applying to take up roles involving children and vulnerable people. This was “hugely reassuring”, he said.
The law obliges all relevant organisations to use the vetting procedure, and allows that not just convictions but other information ("soft information") that would give rise to a bona fide concern that a person might attempt to harm a child, or vulnerable person, can be brought to the attention of the vetting process.
The new law concerning convictions provides that a number of minor offences become “spent” after seven years. The offences concerned include motoring and public order convictions at District Court level, with special rules concerning dangerous driving convictions.
For other offences, convictions at District or Circuit court level, where there is only one conviction involved and the sentence was less than a year, or a fine, can also become spent after seven years.
The new rule is designed to aid people who want to leave a mistake behind them. It is especially aimed at ending the phenomenon where, years later, a conviction is stopping someone securing employment certain licences. The UK has had a similar law since the 1970s.
The spent convictions act amends the 2012 act on the vetting bureau, which had not been commenced until now, so as to allow that minor convictions will not be brought to the attention of the bureau.
However the non-disclosure provisions in the context of vetting are more restrictive than the general “forgetting” provisions, and all offences against the person, and all serious convictions, will be disclosed where persons are being vetted for working with children or vulnerable people.
