Garda Vetting ( 2nd thread : old offences).

worriednewman

Hello all

I was just wondering about historic offences and garda vetting. If something happened in a turbulent period of someones life, say, in the late 1980's, when they were a teen, and they pleaded guilty to something in the circuit court, in a country town, would it appear on a garda vetting application? It would be waaaay before Pulse, and could be coming about by a voluntary organisation, who would know the person, VERY well, who has worked with them for years, and is very well likes, now following legislation, and requiring garda vetting for all members.

The person could have settled down and had children and would be now be all over pulse assisting the gardai in a good way and could be very friendly with them, and has made a respectable life for them self. Its quite a worrying scenario. THANK YOU if you can reply.

A worried man.

If someone has a conviction in the circuit court, then yes it should show on a vetting record.
It would depend on the conviction & what the vetting is for whether or not it is of significance

endacl

Yes. Any previous convictions will be disclosed. It's up to the applying organisation to decide if they're still relevant or not.

Perhaps have a chat, and let them know what will be on the form? If they know you and trust you, the situation you outline may not matter to them.

_Brian

On the form doesn't it ask have you been convicted of an offence.
So if this is now answered "no" isn't the deceit a current thing if it subsequently turns up in the vetting.

endacl

_Brian wrote: »

On the form doesn't it ask have you been convicted of an offence.

Yes it does.

http://iaba.ie/site3/wp-content/uploads/2015/07/Garda-Vetting-form-2016-New.pdf

Page 4.

Joeseph Balls

Have the new vetting form in front of me as it happens...
"Under sec26(b) of the national vetting bureau acts 2012 to 2016, it is an offence to make a false statement for the purpose of obtaining a vetting disclosure".
I'd declare it OP, and if it was a long time ago, life changed etc, and working in said position anyway, I wouldn't worry about it.
Was the crime related to your current position in someway or why are you worried? I would think your overthinking it

worriednewman

Thank you for taking the time to give an opinion everyone. I have been watching the replies, even if it shows I have not logged in. There would be multiple issues here.

Firstly, as this is could be nearly 30 years old, a new life started, 150 miles away, It could be there was serious turmoil in a life and the fear of bringing it back into circulation is extreme.

Secondly, does a historic guilty plea, by a 16 year old, automatically disqualify someone now in their 40's, married, with children and good reputation, from working/volunteering/being in contact with vulnerable people

Finally, I have been watching and putting deep thought into this. I may just go to the head person and ask for a quiet word. It could be a "storm in a tea cup", but if they say, nope, then that it that. It would not be ethical going directly, but probably appropriate, but I do know this person and they probably remember me., that is where the legal aspect comes in.

Its a volunteer organisation and that's as much as I can say. Certain people, higher up, are aware there is something, but I am unaware if legally, this would bar me as things have been tightened up, or if they have discretion, that is where the legal aspect comes in.

My immediate superior know me 20 years, stays in my house, knows my family, I have told them the above and he has told me to apply anyway. Its hard though, very hard.

Thank you and all opinions gratefully received.

L1011

30 years ago would be old enough for the conviction to be spent, if it meets the requirements:

http://www.irishstatutebook.ie/eli/2016/act/4/enacted/en/pdf

Little CuChulainn

You don't seem to understand what Garda vetting is. It is not something you can pass or fail. It simply outlines your past. It is completely up to the hiring organisation to decide whether to hire you or not. Of course the nature of the crime will be a big decider.

ohnonotgmail

worriednewman wrote: »

Thank you for taking the time to give an opinion everyone. I have been watching the replies, even if it shows I have not logged in. There would be multiple issues here.

Firstly, as this is could be nearly 30 years old, a new life started, 150 miles away, It could be there was serious turmoil in a life and the fear of bringing it back into circulation is extreme.

Secondly, does a historic guilty plea, by a 16 year old, automatically disqualify someone now in their 40's, married, with children and good reputation, from working/volunteering/being in contact with vulnerable people

Finally, I have been watching and putting deep thought into this. I may just go to the head person and ask for a quiet word. It could be a "storm in a tea cup", but if they say, nope, then that it that. It would not be ethical going directly, but probably appropriate, but I do know this person and they probably remember me., that is where the legal aspect comes in.

Its a volunteer organisation and that's as much as I can say. Certain people, higher up, are aware there is something, but I am unaware if legally, this would bar me as things have been tightened up, or if they have discretion, that is where the legal aspect comes in.

My immediate superior know me 20 years, stays in my house, knows my family, I have told them the above and he has told me to apply anyway. Its hard though, very hard.

Thank you and all opinions gratefully received.

are juvenile convictions not excluded from vetting?

shipwreck

http://www.irishstatutebook.ie/eli/2001/act/24/section/258/enacted/en/html#sec258

Most likely this would apply if you were under 18 at the time

worriednewman

I would like to thank everyone here who took the time to offer opinions on this matter. I was going to go to a solicitor but then just decided to ring the vetting office.

A nice lady confirmed what shipwreck told me above, that providing it was under the age of 18 and was over three years ago, with no more convictions since, then it is a clean record. She says if the organisation is on e-vetting, the turnaround time is only 7 days.

This is a HUGE relief. After 30 years, its nice to know you can have a second chance, not to mention, a family member is also joining the organisation, and not only would it have scuppered me, it would have made life very difficult for her.

MANY thanks to everyone who offered an opinion and steered me in the right direction.

worriednewman

So.... It is now May and the paper based garda vetting is still pending.

It is now going on 8 months. I am still in limbo so in March, I attempted to engage with the vetting office. Got a polite "sorry, we only talk to the organisation vetting officer". They said they were mystified and maybe apply again. So then I emailed the office again asking them to at least admit they have it. Eventually someone came back to me and said yes, we have it but are making enquiries with outside agencies and offices and this will hold up the response.

In the meantime, I ran a data protection request with the relevant office and what came back was an outline of all of my dealings from pulse (mostly reporting issues as a witness, connected to my work) but including the issue when 16 years old, (nearly 30 years ago, which should be discounted as it is conviction spent.

The only time I have had the gardai after me, was when in court on a matter which was struck out - but the data protection file shows this with a note of "struck out on merits?"

I am exasperated now. Surely there should be some sort of perfomance guidelines. This is going on nearly 8 months now. I rang the FLAC helpline and they suggested a complaint to the Garda Ombudsman.

Is it right or allowable for the garda vetting office to just hold up an application like this and just give NO answer? To leave people in limbo like this seems so wrong.

Little CuChulainn

Data protection request will generally reveal more information than a vetting request as it's giving you your own personal information.

worriednewman

Is anyone aware of any NEW garda vetting legislation that came in apparently in April 2016? If so, what is it? I have been given an indication of something else to consider but don't know what it is.

Thank you everyone.

GM228

worriednewman wrote: »

Is anyone aware of any NEW garda vetting legislation that came in apparently in April 2016? If so, what is it? I have been given an indication of something else to consider but don't know what it is.

Thank you everyone.

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 Act came into force in April 2016.

http://www.irishstatutebook.ie/eli/2012/act/47/enacted/en/html


Also the following came into force in April 2016.

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Appeals) Regulations 2016.

http://www.irishstatutebook.ie/eli/2016/si/219/made/en/print

And the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) Regulations 2016.

http://www.irishstatutebook.ie/eli/2016/si/223/made/en/print

boardsuser1

worriednewman wrote: »

Is anyone aware of any NEW garda vetting legislation that came in apparently in April 2016? If so, what is it? I have been given an indication of something else to consider but don't know what it is.

Thank you everyone.

I'm waiting since November 2016 to have my E-Vetting application processed if that makes any difference?