Disclosing a Poor Box Donation

gmarty

Hi again,

Have threaded here recently about this issue and just when I thought it was over, i get another spanner thrown in the works. In Sept i got a €600 voluntary donation to the court poor box, and from talking to folks here and around i was under the impression that this incident did not have to be declared on garda vetting. However i was talking to my solicitor and he has told me that the 'charge' will appear on the vetting and has to be declared, but the outcome will read as 'dismissed'. Am i missing the point of the court poor box system?, could someone please enlighten me. I have one other €100 fine paid back in 2006 so i am wondering if that has anything to do with it.

Peregrinus

Garda vetting for what, exactly?


Some vetting procedures seek to establish if you have ever been charged with an offence, regardless of the outcome.

gmarty

Garda Vetting for a Social Care Position

Peregrinus

Read the form provided by whoever it is is asking you to be vetted. If the form authorises disclosure of dismissed charges, the guards will disclose them. However in my experience employers asking for social care vetting usually only look for convictions and charges pending. Even if the guards disclose dismissed charges, the employer should ignore if they state that their vetting relates to convictions and pending charges.

Answer the questions truthfully. If they appear to ask about dismissed charges, do not assume that you have no obligation to disclose them. If you deny that you have any dismissed charges and the garda report shows that you have - as it will - that's much worse for you than having dismissed charges which you acknowledge.

periodictable

Are poor box donation orders legal?

Pat Mustard

periodictable wrote: »

Are poor box donation orders legal?

You raise an interesting legal point.

However, is it in anyone's interest to discover the correct answer to this?

Tom Young

No it's not interesting at all. Read this: http://www.lawlibrary.ie/documents/publications/July04.pdf

Pat Mustard

Tom Young wrote: »

No it's not interesting at all. Read this: http://www.lawlibrary.ie/documents/publications/July04.pdf

News to me. I hadn't realised that the court poor box had been discussed in such detail already. Thanks for that.

Your article also refers to publications by the LRC:
http://www.lawreform.ie/archives/consultation-paper-on-the-court-poor-box.304.html
http://www.lawreform.ie/_fileupload/consultation%20papers/cpCourtPoorBox.pdf
http://www.lawreform.ie/_fileupload/Reports/rCourtPoorBox.pdf

I'll just go and tone down the drama in my earlier post now.

dublin daz

The vetting will show the dismissal and court outcome as such.

"Within current disclosure policy, details of all convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere as the case may be are disclosed to the authorised liaison person in the registered organisation."

If your case was dismissed or struck out then your answer to 'have you been convicted of a criminal offence' - No - however, if you are asked have you ever been prosecuted then thats different - yes.


http://www.garda.ie/Controller.aspx?Page=1535

gmarty

hi all, just a quick update.

i actually rang up the vetting office and they told me if would be safe to declare it. (in other words they could not tell me), however my solicitor has advised me under no circumstances declare it. Jez all i want to do is the right thing so it does not come back and bite me in the ass! I think i should follow my solicitor's suggestion. Thanks for all talking the time in answering my posts.

gmarty

hi all, just a quick update.

i actually rang up the vetting office and they told me if would be safer to declare it. (in other words they could not tell me), however my solicitor has advised me under no circumstances to declare it. Jez all i want to do is the right thing so it does not come back and bite me in the ass! I think i should follow my solicitor's suggestion.