OPINION:MANY PEOPLE are unaware that, as things stand in Ireland, previous convictions for minor offences can continue to play a negative role in a person's life for many years afterwards. Currently, if you receive a fine or a short suspended sentence or less than six months in prison, you can be asked to declare it when you apply for a job for the rest of your life, writes ÉAMONN Mac AODHA
International human rights law considers that everyone has the right to a second chance. At present, the Dáil is considering an important Bill which deals with this issue.
The Spent Convictions Bill proposes a scheme which would allow people who have been convicted of an offence which resulted in a fine or penalty, no imprisonment or imprisonment of less than six months, to have the conviction declared “spent” after five or seven years.
Until a conviction is spent, people will still have to declare it when so requested by future employers. As it stands, there is no law in place in Ireland which prevents discrimination in employment on the basis of a past conviction. A criminal record, however minor, can also affect people’s access to accommodation, visas, insurance, entry to professions and access to licences.
This is why the Spent Convictions Bill is such a welcome initiative by the Minister for Justice Equality and Law Reform. Its introduction would recognise the right of people who have offended in a minor way to move on in life.
It also acknowledges that there is a real impact on people’s ability to earn a livelihood or have access to certain services if they have to declare past minor convictions for many years hence.
However, in the opinion of the Irish Human Rights Commission, the current proposed legislation, while very welcome, could – and should – go further in striking an appropriate balance between protecting society and allowing people to get on with their lives.
There are three areas in particular where changes should be made to the Bill. First, we believe the Bill is too limited in the type of offences it covers. The Bill only applies to offences which result in a fine or no custodial sentence or prison for less than six months.
Statistics from the 2007 Annual Report of the Irish Prison Service reveal that 57 per cent of offenders were serving sentences of less than six months and 28 per cent were serving sentences between six and 24 months – a total of 85 per cent of people were serving sentences of no more than two years.
There are offences provided for in Irish legislation, often considered by society as less serious, that allow for prison sentences of more than six months. Such offences should be considered for inclusion within the scope of the Bill and declared spent if no further offences have been committed during a reasonable period of time.
For people who have completed their sentences of more than six months for an offence considered more serious, a system could be introduced where they can apply to a District Court judge who can then assess whether that person’s conviction should be considered spent.
Second, it is widely accepted that the punishment must fit the crime. A seven-year timeframe during which people can be asked to declare a conviction if seeking employment is a very long one, particularly if the original sentence was for three months.
The Government should re-examine this provision so that the length of time for which a person must declare their conviction is proportionate to the length of the sentence or fine imposed.
As Barry Andrews TD, Minister of State for Justice, Equality and Law Reform, said on the Bill in the Dáil, “employment restores a person’s self-esteem . . . it reduces very considerably the likelihood of re-offending”.
Third, it is logical, and proportionate, that certain professions which expose people to vulnerable groups or to national security matters would always require a declaration of a past offence. However, the range of types of employment set out in the Bill that will have this requirement is extremely broad.
It is not clear, for example, why it is proportionate that a person will always have to declare past convictions for any job in the civil and public service. It is certainly possible for the exclusion categories proposed in the Bill to be narrowed so that they strike a balance between the need to protect vulnerable groups and security and the right of people to have their past conviction put behind them.
There must be strong safeguards in place to protect the most vulnerable in our society from potential sources of abuse or harm. The current Bill contains such vital protections and they are correctly robust, yet the right of all of us to put the mistakes of our past behind us and to move on with our lives once we have “served our time” must also be protected.
This Bill provides an opportunity for this principle to be proportionately set out in Irish law. This is why the Irish Human Rights Commission is asking the Government to examine closely its recommendations so as to ensure a fair balance is drawn which will protect and uphold the rights of everyone in our society.
Éamonn Mac Aodha is chief executive of the Irish Human Rights Commission