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Seanad
‹ An tOrd Gnó - Order of Business

Spent convictions legislation

Summary

Senator Ruane welcomed progress on spent convictions legislation, reflecting on earlier reforms and her 2018 Bill in this area.

I want to put on the record today some good news for legislation that started here in the Seanad in 2018. There are two areas to which I have committed my time in politics. The first was, is and will continue to be drug decriminalisation and the other is spent convictions.

In Ireland, we introduced spent convictions legislation in a rushed way because we were lagging behind other European countries in ensuring that we have legislation. The commentary at the time around spent convictions was that we knew the regime we were implementing was not correct. As such, in 2018 I tabled legislation here in the Seanad that got support from all parties and none. The legislation has had the support from two previous Fine Gael justice Ministers to pass through the Seanad and it now has the support of a Fianna Fáil Minister, Deputy Jim O'Callaghan, to pass through to Committee Stage in the Dáil. We do not often see the trajectory of legislation that starts here in this House and how, when we allow space and time to work together, we can see its journey through both Houses. It is such a positive step forward and we hope to see the Bill continue and be signed into law.

In Ireland, a person can have only one conviction spent. Those who have more than one conviction will never have any of those convictions spent. In some instances, a person could get a number of convictions in one incident, never mind over the course of a few years, if their life is going a particular way, if they are young, if they have ended up in homelessness or for whatever reason that an accumulation of minor convictions has happened in their lives. If we have a rehabilitative system of justice in Ireland, that means punishment has to end when the person has served his or her sentence. If that person goes out into society and wants gain employment, study a certain degree or maybe get insurance to set up a business, these are all off bounds for that person as someone who has had a series of minor convictions in the past.

The Bill will pass Second Stage tonight with the support of the Department of justice and the Minister and we will continue our conversation as to what it will look like on Committee Stage. At present, the Bill removes the cap on the number of convictions and it is actually about the distance the person has from offending, the fact that he or she is no longer offending, and kind of changing the mindset on that a little.

It also looks at the cut-off point at 18 years of age. Currently, people have their records quashed at age 18 for crimes preceding that age, but we all know that nobody just becomes a responsible adult at 18. Our youth work legislation and strategies look at a young person right up to the age of 23 or 24. Therefore, the legislation looks at what other protections we can put in place for 18- to 24-year-olds who want to re-engage in and contribute to society in a different way.

I just wanted to give the House some positive and good news on the Bill's journey from 2018 until now. We are nearly there now. I am delighted that the Bill will pass Second Stage in the Dáil this evening.

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