EMPLOYING PEOPLE to work with children or vulnerable adults without having them vetted will be a criminal offence under legislation to be introduced in the Dáil in the autumn.
Minister for Justice Alan Shatter yesterday published the draft heads or introductory elements of the National Vetting Bureau Bill, which will put the vetting of people working with children and vulnerable adults on a statutory basis.
Mr Shatter said he expected the legislation to be introduced in the Dáil and Seanad by the end of October and enacted by the end of the year. The legislation provides for the collection and exchange of “hard” and “soft” information for vetting purposes and “to ensure that persons aren’t employed where they have access to children without them being adequately vetted”.
The Bill will allow the use of information where individuals are under investigation for alleged child abuse and if an organisation is concerned that an individual could place children at serious risk, the agency will be obliged to provide that information to the vetting bureau.
The HSE, faith-based organisations and groups including the Catholic Church and the court services will be obliged to provide this information in cases where barring orders or safety orders have been granted in family cases on allegations of child abuse.
Concerns have been raised about potential infringement of rights in the use of soft information and Minister for Children Frances Fitzgerald acknowledged yesterday that there were “critical issues in relation to the constitutional position and people’s individual rights but equally it is important soft information is made available where children are at risk”.
Mr Shatter said, however, that “we have done very detailed and careful work in preparing this Bill. Where there is information provided to the Garda Vetting Bureau in circumstances where someone hasn’t been convicted of child abuse but where there are reasonable grounds for believing that they could place children at risk, the person will be informed of the information received”.
They would have an opportunity to comment on that information and the Minister said they were “building into the process a simple and inexpensive” appeal systems.
Mr Shatter said the Kelly Fitzgerald report, the Ferns report, the Dublin Archdiocese report, the Ryan report and the Cloyne report have clearly shown the need to strengthen our procedures to protect children and vulnerable adults.
He said the previous government had been asked in 2008 to publish such legislation but failed to do so.
The Bill provides that organisations could face a fine and individuals could be imprisoned where job applicants or volunteers are not vetted or where concerns that they may put children at risk are not reported.
Mr Shatter said the Garda Vetting Bureau would be put on a statutory basis rather than create a new agency. He said additional staff in the bureau had reduced the time for vetting of prospective employees from 14 to 10 weeks and the Government aimed to reduce the waiting time to four weeks by the end of the year. There would be a fast track arrangement where urgent appointments are necessary.
The Bill would cross the whole health sector but would not apply where a family asks a local child to babysit.
The introductory elements will go for discussion to the Oireachtas Justice and Defence Committee before final publication.