Criminal records will be cleared under Bill

CRIMINAL RECORDS of people are to be cleared in certain circumstances and less serious court convictions would be expunged after a set period, under legislation proposed by Minister for Justice Alan Shatter.

The measure has been broadly welcomed as a supportive step in the rehabilitation of offenders.

Mr Shatter yesterday published the Criminal Justice (Spent Convictions) Bill, which allows for certain convictions that carry sentences of up to a maximum of one year to be expunged after between three and seven years, depending on the offence.

Ireland and Slovenia are the only two member states not to have such legislation in place.

In the UK, the Rehabilitation of Offenders Act has been in place since 1974, with prison sentences from six months to a maximum of 30 months.

A range of non-custodial sentences are included in the Bill, but certain sectors, including those relating to the security of the State, the administration of justice and other sensitive positions, are excluded.

Convictions will have to be disclosed when applying to work with or provide services to children and vulnerable adults. Convictions will also have to be revealed for certain licences, including for taxis and private security.

Sexual offences and offences tried in the Central Criminal Court are also excluded, and no more than two convictions during an individual’s life may become spent.

Mr Shatter described the Bill as a “significant milestone in the rehabilitation of offenders in Ireland”. He said, however, introducing an upper age limit for beneficiaries of the new legislation would be unconstitutional.

Such a limit would amount to age discrimination, he added, dismissing views that an offender in their 30s or 40s with a prison sentence probably deliberately offended at a mature age.

“There is no reason to discriminate as between age,” he said. “An individual at some time in their life can make a mistake or they can do something that is wrong, but it doesn’t mean if they fall within the provisions of the Bill that because of having attained a particular age you should exclude them from it.”

The Minister said the provisions in the Bill reflected the recommendations made by the Law Reform Commission to reform the area of the law substantially.

“A sentence of 12 months or less is regarded generally as a low-level sentence and it is important that we have realistic legislation that reflects legislation that currently exists in other European Union countries,” he said.

The Irish Penal Reform Trust welcomed the Bill but executive director Liam Herrick believed it could go further by raising the maximum sentence, shortening the waiting time and “reconsidering the blanket exclusions of certain categories of employment, such as all persons working with children”.

Dublin North Labour TD Brendan Ryan welcomed the Bill and said it would assist many people who had employment opportunities blocked to them, even though their offences dated back many years and were very minor.

MAIN POINTS CONVICTIONS BILL:

The Criminal Justice Spent Convictions Bill provisions include

Applies to offenders sentenced to 12 months or less as well as fines or community service;

Offenders must be conviction-free for three years after a small fine, or seven years for 12 months sentence;

Sexual offences, as well as those to be tried by the Central Criminal Court, are excluded;

Jobs including those relating to the security of the State and administration of justice are excluded;

Individuals must disclose convictions when applying for licences such as for taxis and private security and for jobs working with children and vulnerable adults.