Employment Law and Vetting Procedures Quiz
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Questions and Answers

What is the maximum period the National Vetting Bureau will withhold disclosure related to a vetting subject's appeal?

14 days.

Can an employer refuse to hire a person solely because they have a criminal record?

No, it is up to the employer to assess the suitability based on various factors.

What key factors should employers balance when considering an individual with a criminal record for employment?

Type of crime, length of time passed, and level of contact with vulnerable persons.

What constitutional rights must be afforded during a decision-making process that affects a person's situation?

<p>Fair treatment, right to respond, advance notice, oral hearing, legal representation, cross-examination, and the right to appeal.</p> Signup and view all the answers

In which High Court case was the exclusion of a student based on potential risk to others discussed?

<p>M.Q.v Gleeson, City of Dublin VEC.</p> Signup and view all the answers

What must an employer do upon receiving a vetting disclosure with details of criminal records?

<p>Provide a copy of the disclosure to the vetting subject.</p> Signup and view all the answers

What are the two main types of information the Bureau examines when vetting an application?

<p>Criminal records and specified information relating to the applicant.</p> Signup and view all the answers

What is the purpose of the fair procedures outlined in Article 40 of the Constitution?

<p>To protect individuals' personal rights during decision-making processes that affect them.</p> Signup and view all the answers

What does a vetting disclosure include regarding an applicant's criminal history?

<p>It includes particulars of any criminal record or a statement that there is no criminal record.</p> Signup and view all the answers

What considerations might influence an employer's decision regarding hiring a person with specified information?

<p>The severity of the offence and its relevance to the role in question.</p> Signup and view all the answers

Define a 'spent conviction'.

<p>A spent conviction is a conviction that no longer has to be disclosed after a certain period.</p> Signup and view all the answers

How long must one wait for certain convictions in the District Court before they become spent?

<p>7 years from the date the sentence became operative.</p> Signup and view all the answers

What types of offences do not become spent after 7 years?

<p>Convictions for dangerous driving and serious offences resulting in longer prison terms.</p> Signup and view all the answers

What is the significance of specified information in the vetting process?

<p>It indicates a bona fide concern that a person may harm a child or vulnerable person.</p> Signup and view all the answers

What must a person comply with for their conviction to become spent?

<p>The person must have complied with the sentence or order imposed by the court.</p> Signup and view all the answers

What constitutes a criminal record in regard to the vetting application?

<p>A criminal record includes any convictions and pending prosecutions for criminal offences.</p> Signup and view all the answers

What is the primary principle underlying vetting for positions involving children and vulnerable adults?

<p>The primary principle is that children, young people, and vulnerable adults are entitled to protection from harm.</p> Signup and view all the answers

How should the seriousness of an offence be assessed concerning vetting for a specific educational course or employment?

<p>The seriousness of the offence must be considered based on its relevance to the educational course or employment applied for.</p> Signup and view all the answers

What significant change did the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 introduce?

<p>It established a general legal requirement for employees in youth work, social care, and teaching to obtain clearance from the Gardai.</p> Signup and view all the answers

What obligation does the Sex Offenders Act 2001 place on sex offenders regarding employment?

<p>It makes it an offence for sex offenders to apply for work involving unsupervised access to children or mentally impaired individuals without notifying the employer.</p> Signup and view all the answers

Which sectors are now required to obtain vetting disclosures according to the Private Security Services Act 2004?

<p>Employees in private security services, including bouncers and nightclub security staff, are required to obtain vetting disclosures.</p> Signup and view all the answers

Study Notes

Vetting and Spent Convictions

  • Children, young people, and vulnerable adults are entitled to protection from harm.
  • Those who have committed crimes or are before the courts should be treated fairly and with confidentiality.
  • Social inclusion emphasizes the role of education in the reintegration of offenders into society through education and employment opportunities.
  • The seriousness of the offense and its relevance to the educational course or employment opportunity must be considered.
  • Each organization is responsible for developing its own child protection policy and standards.

Non-Statutory Vetting

  • Prior to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, there was no legal requirement for employees in youth work, social care, teaching, etc. to be vetted by the Garda.

Exceptions

  • Section 26 of the Sex Offenders Act 2001 prohibits sex offenders from applying for or performing work involving unsupervised access to or contact with children or vulnerable adults without disclosing their status.
  • The legal obligation for vetting disclosure extends to employees covered by the Private Security Services Act 2004 (e.g., bouncers, security staff) and applicants for taxi licenses.
  • The Child Care (Special Care) Regulations 2004, Child Care (Placement of Children in Foster Care) Regulations 1995, and Child Care (Placement of Children with Relatives) Regulations 1995 regulate vetting for those involved in child care.

Child Care (Pre-School Services) (No 2) Regulations 2006

  • Persons running pre-school services must ensure appropriate vetting of all staff, students and volunteers.
  • Vetting should rely on past employer references, particularly the most recent one, for staff, and reputable sources for students and volunteers.
  • Vetting procedures must be conducted according to An Garda Síochána procedures, or involve alternative vetting from other police authorities.
  • Vetting must occur before any person is allowed access to children in the pre-school service.

Child Care Act 1991 (Early Years Services) Regulations 2016

  • Registered providers must ensure all employees, unpaid workers, and contractors are suitable and competent, considering children's needs.
  • Vetting disclosures from the National Vetting Bureau of the Garda Síochána must be considered.
  • People who have lived outside the state for more than 6 months must provide police vetting from their state of residence.
  • Vetting procedures must occur before anyone can be appointed, assigned to, or allowed access to a child in the preschool service.

Introduction of the Act

  • Before the act, registered organizations with employees/volunteers accessing children/vulnerable people would submit requests for vetting to the Garda Central Vetting Unit on a voluntary basis.

Discussion Around Statutory Vetting

  • Issues raised during discussions related to the rights of children under Irish law.
  • The original government proposed legal authority for collecting and exchanging information on child sexual abuse.
  • Child sexual abuse information was not included in the Thirty-First Amendment of the Constitution (November 2012).

Joint Committee on the Constitutional Amendment on Children

  • Unanimous recommendations for a mandatory vetting scheme.
  • The scheme should cover all those working in any capacity with children.
  • Procedures for gathering, exchanging and using criminal records, prosecutions and other information should be regulated, focusing on the highest child protection standards.

National Vetting Bureau Act 2012

  • The Act established a scheme for vetting employees and volunteers working with children for the first time in Ireland.
  • It established procedures for such vetting by the Garda Síochána.
  • Penalties were also put in place for those who failed to comply.
  • The Act's purpose was to create a legislative basis for vetting persons seeking positions involving children or vulnerable persons.
  • Included parts covering general and preliminary sections, a national vetting bureau database system, procedures for vetting disclosures, and miscellaneous sections.

Definitions

  • "Harm" in relation to a person means exploitation or abuse (physical, sexual, or emotional).
  • "Specified information" regarding an application for vetting disclosure means information relevant to a finding or allegation of harm to another person, received by the Bureau.
  • "Specified information" is in relation to a person capable of harming a child or vulnerable person. This involves harm concerns, a risk of harm, attempts to harm, or inciting another person to harm these groups.

Relevant Organisations

  • "Relevant organisation" comprises individuals or groups (corporate or unincorporated) involved in employment or service provision for relevant work activities or who provide education/training courses.
  • Organizations are excluded that make vetting decisions arising from private arrangements or that provide employment as an employment agency, or whose functions include the regulation of those undertaking relevant work

Vulnerable Person

  • "Vulnerable person" means an adult who is mentally ill or suffering from dementia, has an intellectual disability, has a physical impairment or disability, or has other issues restricting their safety or daily living activities, requiring assistance with dressing, eating, walking, washing, and bathing.

National Vetting Bureau Act 2012 (Who is Affected and How)

  • The act mandates that organizations involving children or vulnerable persons must receive vetting disclosures from the Garda Vetting Bureau before employing an individual.
  • This law applies to various organizations, including commercial companies, voluntary groups and sporting organizations.
  • Occasional assistance provided voluntarily in community and sporting events is excluded from these vetting requirements.

National Vetting Bureau Act 2012

  • It is deemed an offense for a person to fail to comply with the vetting and disclosure procedure requirements.
  • There is a defense for those not knowing or being expected to know that their work/activity falls under the vetting procedure legislation.

Prosecutions

  • A children's care home operator faced prosecution under the Child Care (Standards in Children’s Residential Centres) regulations and the Child Care Act 1991 for shortcomings in Garda vetting procedures.

Requirements on Relevant Organisations

  • All relevant organizations must register with the Garda Vetting Bureau office.
  • Each organization must nominate a liaison person for coordinating vetting applications and that person must also be subject to vetting.
  • The bureau holds the power to reject a liaison person if deemed unsuitable.
  • The vetting organisation must thereafter vet potential employees involved with children or vulnerable people before their employment begins. Re-vetting is a responsibility of the organisation for continued work with these individuals.

The Vetting Application

  • Employees/volunteers requiring vetting will receive a Garda Vetting Application Form (including electronic form) from their organization.
  • The applicant/applicant must complete the application and sign it, authorising the Garda Vetting process.

Disclosure to Relevant Organisation

  • A vetting disclosure will include criminal record information, if present, and a record of specific information related to the applicant.
  • Criminal record information is defined as all convictions both within and outside the jurisdiction.
  • Some convictions, referred to as "spent" convictions, are not included and do not need to be disclosed.

Spent Convictions

  • A conviction becomes "spent" after a certain period and does not have to be disclosed.
  • Spent convictions include certain District Court convictions (motoring, minor public order, and certain less than 12-month prison sentences).

Specified Information

  • Specified information is acquired during Garda Síochána investigations or inquiries or by other specified organizations (e.g., HSE, Teaching Council, Medical Council, HIQA).
  • It is information that raises a concern about a person's potential to harm a child or vulnerable person.

Organisations Required to Notify Specified Information

  • Several organisations are obligated to notify specified information on possible harm to children/vulnerable people to the Bureau—including HSE, Tusla, Health and Social Care Professionals Council, and Teaching Council, amongst others.
  • These notifications generally occur after an investigation for child abuse.
  • Organisations have the right to appeal against findings by bodies that mandate these notifications.

Notification of Specified Information

  • When the Bureau determines that information is "specified information," it is referred to the Chief Bureau Officer for assessment on whether to disclose it.
  • Disclosure must meet requirements concerning necessity, proportionality, and reasonableness in safeguarding children/vulnerable people.

Submission by Vetting Subject

  • A Vetting subject has up to 14 days to submit written objections to disclosed information to the Chief Bureau Officer.
  • A longer period can be allowed upon the direction of the officer.

Determination on whether to disclose specified information

  • When determining whether to disclose specified information, the Chief Bureau Officer must consider a number of factors like the work involved, the applicant's rights, and the nature of the information's source.
  • The criteria outlined in Act section 15 are essential in making this determination.

Making a Determination

  • The Chief Bureau Officer can request additional information from Garda Síochána or other scheduled organizations to assist making a decision.
  • Disclosures cannot be made until the 14-day appeal period ends or until any appeals are determined or withdrawn.

Relevant Organisation and Disclosure to Employee

  • Employers must provide a copy of any vetting disclosure to the subject applicant.
  • Organisations can use the disclosed information to assess the applicant's suitability for the relevant role.

Employer Decision

  • Employers decide whether to hire individuals with disclosures, considering the nature of the disclosure, time elapsed since the crime, and the level of involvement with children/vulnerable persons.

Fair Procedures in Decision-Making Processes

  • Article 40 of the Constitution mandates fair procedures when making decisions affecting personal rights.
  • This includes providing information on allegations, enabling respondents to present their case, ensuring a right to legal counsel and a right to appeal decisions.
  • All decisions involving persons, bodies and organisations must be fair and take into account the risk to reputation of the subject.

M.Q. v Gleeson, City of Dublin VEC, Chance

  • This is the leading authority on excluding students from courses on the basis that they might pose a risk to vulnerable pupils.
  • Fair and transparent procedures are essential in making these decisions.
  • The role of "soft information," the HSE’s involvement and its handling of this information is also a matter of interest in the case.

Specified Information

  • "Specified information" encompasses not just formal criminal records but also information regarding child abuse, which has not resulted in prosecution.
  • Sources of this information include agencies such as the HSE.

Vetting: Specified Information and Notification (cases)

  • Specific court cases highlighting the law relating to notification of "specified information" to potential employees.

Issues Regarding Disclosure of Specified Information

  • Specified information can only be challenged when a potential employer has made a vetting application - if not, adverse disclosures are a possibility.
  • The act does not stipulate the timeframe for retaining specified information within the Bureau.

Implications for Employers

  • Employers must inform prospective employees about the vetting process.
  • Employment contracts and staff manuals should indicate that future vetting may be required.
  • Vetting may again be required for employees after a specified period.

Re-Vetting

  • Section 20 of the act covers re-vetting of employees in certain professions involving children/vulnerable people.
  • Currently, there is no legal requirement for re-vetting unless the position/job changes.

Re-Vetting Early Years

  • Regulation 9(3) of the ChildCare Act 1991 (Early Years Services) Regulations 2016 states that employees/workers/contractors in early-years services require Garda vetting before working with children.
  • Re-vetting is recommended every 36 months for all involved in Early-Years Services.
  • Services undergoing registration process renewal must show that relevant staff have vetting dates within the proceeding 36 months.

Reasons for Delay

  • A 2013 UK Court of Appeal influenced the decision to revise the vetting process within the Bureau.
  • The review focused on the disclosure provisions within the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill.

Problems with the Act

  • Re-vetting procedures within organizations, and potential for repeated vetting due to various involvements, are potential issues.
  • Under-resourcing of the Garda Vetting Bureau is cited as a delay problem, although timescales seem to be resolved around one week.

Reform Required

  • The Garda Vetting Reform Group was established in 2021 to examine the vetting procedure within the organization.
  • The group includes representatives from several departments & services, including those from Department of Justice, Garda National Vetting Bureau, Tusla, and HSE.

Garda Vetting Review Group

  • The group is focused on re-vetting systems that require legislation, and vetting procedures linked to the exact work the employer will require of the employee.

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Vetting (2024) PDF

Description

Test your knowledge on employment law as it pertains to the National Vetting Bureau and individuals with criminal records. This quiz covers key factors employers must consider, constitutional rights involved, and the implications of vetting disclosures. Prepare to explore crucial legal concepts and landmark cases in the realm of employment and criminal history.

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