National Vetting Bureau (Children and Vulnerable Persons) Act September 2014

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1 National Vetting Bureau (Children and Vulnerable Persons) Act 2012 September 2014

2 Introduction Superintendent Sarah Meyler Garda Central Vetting Unit

3 Background GCVU established by the Garda Commissioner in Jan 2002 Sept 2004 Expansion of Garda Vetting Unit announced Nov 2005 Decentralise GCVU to Thurles Dec 2012 National Vetting Bureau (Children & Vulnerable Persons) Act Expansion of GCVU with new offices in Ennis, Tipperary Town, Garda College, Waterford & Enniscorthy Nov/Dec 2014 National Vetting Bureau (Children and Vulnerable Persons) Ac 2012 E-Vetting System

4 What is disclosed a statement that there are no convictions recorded against the applicant in the Republic of Ireland or elsewhere or a statement of all convictions and/or prosecutions successful or not, pending or completed in the state or elsewhere as the case may be, subject to the administrative filter implemented by the Minister for Justice and Equality on 31 st March 2014.

5 Administrative Filter Part A Criminal Convictions for: Offences Against the Person Act Sexual Offences Convictions on indictment

6 Administrative Filter - Part B District Court Convictions which will not be disclosed: 1) Motoring Offences : District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.

7 Administrative Filter Part B 2) Minor Public Order Offences : The following convictions under the Public Order Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed: Section 4 (Intoxication), Section 5 (Disorderly conduct), Section 6 (Threatening, abusive or insulting behaviour), Section 7 (Distribution or display of material which is offensive), Section 8 (Failure to comply with direction of Garda), Section 9 (Wilful obstruction).

8 Administrative Filter - Part C Probation Act Provisions Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases of where the circumstances of the offence gives rise to a bona fides concern that the person concerned may harm a child or vulnerable person.

9 Disclosure of non convictions Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person may harm a child or vulnerable person. The information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.

10 National Vetting (Children and Vulnerable Persons) Act 2012 Please note that the Act has NOT yet commenced and is subject to amendment.

11 National Vetting (Children and Vulnerable Persons) Act 2012 Act signed by President in December Scheduled to commence November/December Commencement date to be appointed by Minister for Justice & Equality. Act makes provision for the protection of Children and Vulnerable Persons. Garda Central Vetting Unit shall, after commencement of Act, be known as National Vetting Bureau of the Garda Siochana.

12 Relevant organisations Liaison Persons Relevant Work or Activities Vetting Disclosures Re-Vetting and Retrospective Vetting

13 Relevant Organisation A relevant organisation means a person (including a body corporate or an unincorporated body of persons) who employs, enters into a contract for services or permits any person to undertake relevant work or activities, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable adults. A relevant organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation unless the organisation receives a vetting disclosure from the National Vetting Bureau in respect of that person. A person who contravenes this section shall be guilty of an offence.

14 Liaison Person A relevant organisation shall, for the purposes of applying for and receiving vetting disclosures in accordance with the Act, nominate in writing a person (in the Act referred to as a liaison person ). A person who, immediately before the commencement of this section, is registered with the Garda Central Vetting Unit as an Authorised Signatory for an organisation shall, on such commencement of the Act, be deemed to be registered as a liaison person for the organisation. An application for a vetting disclosure in respect of a vetting subject shall be made by a liaison person for a relevant organisation.

15 Relevant work or activities Any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable adults. The Act shall not apply where a person gives assistance on an occasional basis at a school, sports or community event or activity. Each relevant organisation will have to assess the positions involved in accordance with the Act.

16 Application for Vetting Disclosure The procedure is as follows:- Personnel who are subject to vetting will receive a vetting application form (including electronic form) from the relevant organisation where they are seeking a position. The applicant completes the application form and returns it to the relevant organisation who validates the form and verifies identity of the applicant. A liaison person in the relevant organisation forwarded the form to the National Vetting Bureau.

17 Vetting Disclosure A vetting disclosure shall in respect of the person who is the subject of the application for vetting disclosure include particulars of the criminal record (if any) relating to the person, and a statement of the specified information (if any) relating to the person which the Chief Bureau Officer has determined in accordance with Section 15 of the Act should be disclosed, or state that there is no criminal record or specified information, in relation to the person.

18 CRIMINAL RECORD criminal record, in relation to a person, means (a) a record of the person s convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or (b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence, or both;

19 Specified Information Specified information in relation to a person who is the subject of an application for vetting disclosure means information concerning a finding or allegation of harm to another person received by the Bureau from An Garda Siochana or a scheduled organisation pursuant to section 19 of the Act. It is information that is considered to give rise to a bona fide concern that the vetting subject may - (i) harm any child or vulnerable person, (ii) cause any child or vulnerable person to be harmed, (iii) put any child or vulnerable person at risk of harm, (iv) attempt to harm any child or vulnerable person, or (v) incite another person to harm any child or vulnerable person;

20 Assessment of Specified Information The decision to disclose specified information requires the Chief Bureau Officer to believe that the information in question is of such a nature as to give rise to a bona fide concern that the vetting subject may harm, attempt to harm or put at risk of harm a child or vulnerable person. The vetting subject shall be informed in writing by the Chief Bureau Officer of his or her intention to disclose specified information and shall furnish him or her with a summary of the specified information. The vetting subject shall also be informed that he or she may make a written submission in relation to the specified information concerned. A person who is aggrieved by a determination of the Chief Bureau Officer may, not later than 14 days after the date the notification of the determination is sent to the person, appeal to an appeals officer against that determination.

21 Organisations required to notify Specified Information to Bureau The Health Service Executive. The Teaching Council. The Medical Council. The Nursing and Midwifery Board of Ireland. The Dental Council. The Health and Social Care Professionals Council. The Mental Health Commission. The Pharmaceutical Society of Ireland. The Pre-Hospital Emergency Care Council. The Health Information and Quality Authority. The National Transport Authority.

22 Assessment and use of Vetting Disclosures by relevant organisations Where a vetting disclosure made to a relevant organisation contains criminal records information or specified information in respect of a person who is the subject of the application for vetting disclosure, the relevant organisation shall, as soon as practicable, make available a copy of the vetting disclosure to the person concerned. A relevant organisation may consider and take into account all the information disclosed to it by the Bureau when assessing the suitability of the person who is the subject of the disclosure to do relevant work or activities. Information contained in a vetting disclosure shall not be used by, or disclosed by, the relevant organisation otherwise than in accordance with the Act. A person who contravenes this shall be guilty of an offence.

23 Re-Vetting A relevant organisation that, following receipt of a vetting disclosure under the Act in respect of a person shall, after the expiration of such period as may be prescribed by the Minister make a further application for vetting disclosure in respect of that person. Retrospective Vetting The relevant organisation shall, where the person concerned has not previously been the subject of an application for vetting disclosure under the Act, not later than such period as may be prescribed the Minister, make an application for vetting disclosure in respect of that person.

24 Copies of the Act are available for download on the following websites

25 Vetting One piece of the Jigsaw! Employment History Education Interview Work Skills Reference checks Vetting CV Application Form

26 National Vetting (Children and Vulnerable Persons) Act 2012 Please note that the Act has NOT yet commenced and is subject to amendment.

27 Benefits of evetting Speed Accuracy Automated Validation Metrics Traceability

28 Head Office: Garda Central Vetting Unit, Racecourse Road, Thurles, Co. Tipperary. Sub-Offices: Garda Central Vetting Unit, Government Offices, Kilrush Road, Ennis, Co. Clare. Garda Central Vetting Unit, Government Offices, Rosanna Road, Tipperary Town, Co. Tipperary. Garda Central Vetting Unit, Government Buildings, Vinegar Hill Lane, Templeshannon, Enniscorthy, Co. Wexford. Garda Central Vetting Unit, Government Buildings, The Glen, Waterford. Garda Central Vetting Unit, Garda College, Templemore, Co. Tipperary. Tel No: (0504)27300