As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business under section 26 of the Garda Síochána Act 2005 (as amended). As Minister I have no role in these independent functions.
Under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016, the Garda National Vetting Bureau (GNVB) is responsible for the vetting process. The Chief Bureau Officer is responsible for the Bureau's activities and accountable to the Commissioner under the Acts.
Essentially, a vetting disclosure may contain:
• A record of convictions (except excluded convictions – convictions more than 7 years old, including multiple convictions for minor e.g. certain road traffic offences (but there are also exclusions from this so that more serious offences do not become ‘spent’)); and
• ‘soft’ information in relation to bona fide concerns that have not led to a prosecution. In this case, the person can appeal disclosure of such information.
Soft information can be disclosed (if no appeal, or if an appeal is not sustained) if the Bureau considers it relevant to the work to be undertaken by the person and if it constitutes a record that shows risk which the employer in the Bureau’s opinion should be made aware of.
