John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 294: To ask the Minister for Justice and Equality his view on the Spent Convictions Bill 2007; if he will introduce such legislation during this term; if there is any mechanism available now to have an old or dated conviction removed from the record and if so, if there are categories of offences excluded from such consideration. [10629/11]

Alan Shatter (Dublin South, Fine Gael)
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I am pleased to be able to tell the Deputy that the Government's legislative programme for the current term provides for the publication of a new Spent Convictions Bill. The new Bill will build on the recommendations contained in the Report prepared by the Law Reform Commission. Unlike the 2007 Bill mentioned by the Deputy, it will elaborate the arrangements in a very comprehensive way, leaving no doubt about the conditions to be met before a conviction can be regarded as spent.

It is important to understand that neither the 2007 Bill nor the one I will bring forward provide for the removal of a conviction from the criminal record. Instead, the legislation will provide that in certain circumstances, the details need not be disclosed.

Currently, the only mechanism available for the non-disclosure of previous convictions is that provided in Section 258 of the Children Act 2001. That section provides for non-disclosure after a period of 3 years has elapsed in the case of certain convictions for offences committed before turning 18. Offences triable by the Central Criminal Court are excluded. In addition, the section can be availed of only if the person has not been dealt with for an offence in the previous three years.

No similar legislation exists at present in respect convictions acquired by adults. The proposals that I will be bringing forward will provide for the non-disclosure of past convictions of adults for certain offences where the sentence is within specified limits and after a qualifying conviction free period has elapsed. However, the Bill will provide for exceptions, such as job applications for certain sensitive employment posts. It is intended that the provisions will have full retrospective and prospective effect, in other words, it will apply to qualifying convictions acquired before the commencement of the legislation as well as those acquired following commencement.