THE SPENT convictions Bill currently before the Dáil should be revisited as, in its current form, it will not assist in reintegrating people convicted of minor offences back into society, according to the Irish Human Rights Commission (IHRC).
The IHRC publishes its observations on the Bill, which have been submitted to Minister for Justice Alan Shatter today. Publishing observations on the human rights implications of pending legislation is part of its statutory remit.
IHRC president Dr Maurice Manning said the contradictions between the Criminal Justice (Spent Convictions) Bill and the National Vetting Bureau Bill, also currently before the Oireachtas, needed to be clarified to ensure the spent convictions legislation could achieve its aim of removing barriers faced by people seeking employment who had been previously convicted of minor offences.
“Discrimination on the basis of previous conviction is a real issue that has serious implications for former offenders,” he said. “Once a criminal conviction is imposed, it follows the individual for life and can inhibit their access to education or employment, their ability to obtain licences, insurance and housing and can place restrictions on their travel.
“For a person who is convicted of a minor offence or fined, to have to reveal that conviction for three to seven years seems entirely disproportionate.”
The vetting Bill provides for vetting of applicants to a range of CAO courses and of people seeking to work with children and vulnerable adults. Dr Manning said the definition of “vulnerable person” should comply with international human rights law and the broad scope of the vetting Bill be examined.
“While the vetting process has an important role in protecting children and people in vulnerable situations, the broad scope of vetting in practice could further weaken the purpose of the spent convictions legislation and result in barriers for people convicted of minor offences who are trying to re-enter society and employment, particularly those not seeking to work directly with children or people in vulnerable circumstances,” he said.
A prohibition on discrimination on grounds of criminal conviction should be added to equality legislation, Dr Manning added, and shorter rehabilitation periods introduced, proportionate to offences.
Also, the requirement to declare spent convictions outside Ireland and the limitation on the number of convictions considered to be spent should be removed.