Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 81:

In page 11, after line 29, to insert the following:“Amendment of section 12 of Act of 2012

19.Section 12 of the Act of 2012 is amended by—

(a) the insertion of the following subsection after subsection (3):

“(3A) Where 2 or more relevant organisations jointly agree in writing to the employment, contracting, permitting or placement of a person to undertake relevant work or activities, it shall be a defence in any proceedings brought against a person for an offence under subsection (2) to show that another relevant organisation who was party to the agreement received a vetting disclosure in respect of the employment, contract, permission or placement of the person concerned.”,

(b) the substitution of the following subsection for subsection (4):

“(4) In the case of the employment of, entering into a contract for services with, permitting or placement of any person to undertake relevant work on a casual or part-time recurring but non-continuous basis with the same relevant organisation, the obligations placed on a relevant organisation pursuant to subsection (1) shall, subject to section 20, be regarded as being satisfied where the relevant organisation concerned received a vetting disclosure in respect of the person in respect of that initial employment, contract, permission or placement, as the case may be.”,

and

(c) the substitution of the following subsection for subsection (5):

“(5) This section shall not apply to the following:

(a) any employment, contract, permission or placement that commenced or was entered into, given or made, as the case may be, before the commencement of this section;

(b) any employment, contract, permission or placement on a casual or part-time recurring but non-continuous basis with the same employer where the initial employment, contract, permission or placement, as the case may be was entered into, given or made as the case may be, before the commencement of this section;

(c) any employment, contract, permission or placement, including a casual or part-time recurring but non-continuous employment which was not entered into before the commencement of this Act but in respect of which a relevant organisation had, before that commencement, requested and received vetting information in respect of the person who was the subject of the employment, contract, permission or placement concerned from the national unit of the Garda Síochána known as the Garda Central Vetting Unit.”.”.

This amendment amends section 12 of the vetting Act. It is a practical amendment. The new section provides a defence where two organisations jointly share responsibility for employment replacement of a person and agree in writing that one of these organisations will conduct the vetting.

It was brought to my attention that this situation arises a good deal, for example, in third level colleges where students are placed on work experience or in community organisations where a person may be working in a voluntary capacity for a number of organisations. This has been raised by organisations where multiple vetting was being requested, and the amendment makes it explicit that once they have been vetted once by the employer, the requirements of the Act are met.

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