Press release
Minister McEntee moves to reform vetting arrangements and legislation
Published on
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Published on
Last updated on
The Minister for Justice, Helen McEntee TD, has today announced the establishment of an inter-departmental group to examine a number of issues in relation to the Garda vetting system.
Minister McEntee said:
"Vetting is a crucial prerequisite ahead of recruiting people to a number of specific, potentially sensitive places of employment.
"In particular, those organisations centred around the safety, enjoyment and comfort of children and vulnerable people need to take all reasonable steps to ensure that only suitable people are recruited and employed.
"This requires a strong Garda vetting process that reassures the public that appropriate checks are conducted on individuals in positions of trust."
Currently, there is no requirement for someone who is vetted once to be re-vetted, unless they move job or position with sporting or community organisations, and other limited circumstances.
A key focus of the interdepartmental group will be the introduction of a mandatory system of re-vetting every three years.
This would involve an obligation on an employer, service provider or voluntary organisation to make a new application 36 months after the original vetting had been carried out.
The Minister continued:
"This interdepartmental group is being established to undertake a review of Garda vetting arrangements and legislation. It will examine the consideration of a range of issues and will make recommendations for amending legislation and strengthening the Garda vetting process.
"The first meeting of the group has already taken place this week and I anticipate the work of the group to take approximately 6 months."
The group will also review the approach to the connected issue of vetting for specific employments.
This will include consideration of moving to a system in which a person is vetted for the work they will be or are likely to be engaged in in that employment within categories of identified risk, and taking into account likely additional responsibilities (for example: after probation is complete) within the same employment role.
This will avoid the need for additional vetting during the same 36 month period if individuals are largely carrying out the same role. Redeployment on promotion, or to a substantially different job, would continue to require re-vetting.
Under this proposal, a person employed by the HSE as a social worker would not need to be re-vetted (within the 3 years) for a change of work location within the basic social worker grade, but would on promotion to a position of greater authority. Likewise, in relation to volunteering, a person vetted to coach under 14s with the GAA could switch to a different sport without being re-vetted.
In both employment and volunteering situations, provision will also be made for vetting certificates to be withdrawn before the expiry of the 36 months if deemed necessary, for example: in situations where new information come to light that points to a substantive and immediate risk to children or vulnerable adults.
Membership of the group will consist of representatives of the Department of Justice, Department of Health, Department of Children, Equality, Disability, Integration and Youth, Department of the Taoiseach, Department of Public Expenditure and Reform, An Garda Síochána, the Health Service Executive and the Public Appointments Service. As part of the work of the group, a public consultation process will be undertaken.
Vetting is conducted by the Garda Síochána National Vetting Bureau. The National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016 make it mandatory for people working with children or vulnerable adults make it mandatory for people working with children or vulnerable adults to be vetted by the National Vetting Bureau.
This requirement applies to anyone who will have regular access to children and/or vulnerable persons in the course of their employment. It is now a criminal offence for organisations to fail to carry out the necessary vetting of such employees, contractors and volunteers.
Where the National Vetting Bureau receives an application for a vetting disclosure in respect of a person concerning relevant work or activities, the National Vetting Bureau make such enquiries of An Garda Síochána as it deems necessary, to establish whether there is any criminal record or specified information relating to the person.
All Garda vetting applications are processed on a first come, first served basis in chronological order from date of receipt. This is with a view to observing equity and fairness in respect of all vetting subjects. It has been the practice that the processing time for vetting applications is kept to the minimum necessary in order to ensure that the statutory obligation to receive a vetting disclosure prior to permitting any person to undertake relevant work or activities on behalf of an organisation can be facilitated without undue delay.
96% of vetting applications received in 2020 were completed within 5 working days, with 54% of these being completed on the same day they were received. The average turnaround time for the completion of applications was 3 working days. To date in 2021, the current turnaround time for over 85% of vetting applications submitted by organisations utilising the e-Vetting system is 3 to 5 working days.
While Section 20 of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 provides for the re-vetting of employees who were previously vetted for their current position following the expiry of a specified period, this has not been commenced. It is anticipated that primary legislation will now need to be introduced.