Garda Síochána (Irish

Transcription

1 FAQ: GARDA VETTING + THE ARTS (revised 2013) 1. What is Garda Vetting? Garda vetting is a background check that an employer usess to ensure the suitability of an individual who has been offered work that will involve contact with children or vulnerable adults on a full-time, part-time, voluntary or student placement capacity. The person being vetted ( the subject) gives written authorisation for An Garda Síochána (Irish police) to disclose details of all prosecutions, successful or not, pending or completed and/or details of all convictions recorded, in the State or elsewhere, in respect of them that are, at the time of application, held on record by them. Artists tend to encounter Garda vetting at the early or recruitment stages of commissions / programming / collaborative / participative / social practice / arts projects, many of which are deliveredd in a social or community context. Also, it may be raised by the management of community centres, schools or other venues that host arts projects and activities. 2. Why is Garda Vetting important? In line with the Department of Health s Children First guidelines - revised in 2011 and are expected to be put on a statutory footing by the current government - employers have a duty of care for both employees and service users. Employers must take all reasonable steps to protect those in their care and this includes using safe methods of recruitment and selection where an individual might engage with children and/or vulnerable adults. 3. Do artists and arts practitioners need Garda Vetting? Currently, Garda vetting is made available on a voluntary basis for work that may involve contactt with children and vulnerable adults. Once the National Vetting Bureau (Children & Vulnerable Persons) Act, 2012 is implemented, it will introduce compulsory vetting for the first time. It will also establish procedures for vetting as welll as sanctions for failing to comply. This will have significant implications for artists and arts organisations that work with children and/or vulnerable adults. Under the Act, organisations which permit or arrange work or activities a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerablee persons shall not be permitted to do so without a vetting disclosure from the Vetting Bureau. It is expected that this provision of the Act will come into force during Is Garda Vetting a legal requirement? Not until the 2012 Act is implemented, no, except for certain State employment and regulated services. Currently, employers are submitting requests on a voluntary basis.

2 5. What are the implications for employers of the new legislation? Where employers are affected by the new Act, they should make it clear to prospective job applicants that their application is subject to vetting. The requirement to vet employees will be on-going and employers will have to vet employees again after a period yet to be determined by the Minister for Justice. Vetting will also apply retrospectively. Where appropriate, employment contracts and staff handbooks should reflect the requirement for vetting and state that continued employment may be affected by information disclosed as part of any future vetting application. 6. For what type of work will vetting be required? Under the 2012 Act, vetting will be mandatory for any work or activity, a necessary and regular part of which consists mainly of the person having access to or contact with children or vulnerable adults. In other words, any work where contact is necessary and regular is included. The terms necessary and regular are not defined in the Act. The Act applies to any organisation, facility or activities for children or vulnerable persons (treatment, therapy, care, educational, training, cultural, recreational, leisure, accommodation, driving, fostering, adoption, social or physical or religious instruction - whether or not paid). The legislation excludes individuals who provide occasional assistance, on a voluntary basis, at community and sporting events. The requirement for vetting might also be extended to by an employer to persons having administrative access e.g. to personal details, attendance schedules, travel arrangements, vetting procedures, and otherwise. 7. How long does vetting take? Once an employer/organisation has a system in place to access vetting, an application takes anywhere between 8-12 weeks to process, depending on the level of demand in the Garda Vetting Unit at the time of application. If an applicant has had periods of residence abroad, the process can take longer. 8. For how long is vetting valid? It is up to the employer to decide, given the particular circumstances. Generally, 3 years might be considered a normal interval, but a position might require repeat vetting on an annual basis or may not need it for an extended period, say 5 years. It really is up to the employer to decide what is appropriate. The Minister for Justice is expected to issue guidelines on this matter. 9. Who conducts Garda Vetting? Vetting is carried out by the dedicated Garda Central Vetting Unit, the only official provider in Ireland. The Vetting Unit will become a Vetting Bureau in its own right under the new Act. It provides vetting for a number of sectors through a 'central point of contact', or registered organisation, the task of which is to process vetting applications for that sector. Only the specific person recognised as Authorised Signatory in a registered organisation can submit applications to the Vetting Unit. 2

3 10. Is Garda Vetting freely available? No. Employers must register with the Vetting Unit. If the employer/organisation is not in a position to register itself, it can access vetting through one of the over 900 organisations that cover a variety of activities and sectors. Individuals cannot access vetting on a personal basis. If you are planning to volunteer and need vetting, you may be able to access it through a local Centre for Volunteering. 11. What should I do if I am asked for vetting? Vetting is not available to individuals. If you are asked to provide evidence of Garda Vetting, you should, advise the requesting organisation to contact the Vetting Unit, which may be able to meet their requirements. They may be unwilling or unable to process an application for you. Ask about the policies and procedures they have in place (i.e. Protection Policy), which should make the basis of the request clearer. If you are an artist, you can contact Create for advice. 12. How do arts or community organisations get access Garda vetting? When an arts organisation contacts the Garda Central Vetting Unit with a request for vetting, the unit will refer them to the most appropriate central organisation - for arts/culture, this is Create. If your organisation plans to recruit an artist to work with children or vulnerable adults, you can contact us directly. If you are applying to the Artist in the Community Scheme, managed by Create on behalf of the Arts Council, we can look after your vetting requirements. 13. What information do I need for a vetting application? The Garda Vetting Application Form requires you to provide personal information name, dates, residential addresses since birth, and details of any previous or pending convictions. Residential addresses means places of primary residence where you have lived, for at least 6 months, including any term address while studying or at college. 14. What details are disclosed as a result of a Garda Vetting application? Within current disclosure policy, the Application Form authorises the Vetting Unit to check the information provided and to share details with the employer of any convictions and/or prosecutions, successful or not, pending or completed, in the State or elsewhere. The 2012 Act provides for the additional disclosure of specified information acquired as a result of an investigation by the Garda (or received from a scheduled organisation ) where it gives rise to a bona fide concern that a person may cause harm. The information will be assessed by the Vetting Bureau and disclosed if it is necessary, proportionate and reasonable in the circumstances, and after the individual has been notified and offered an opportunity to appeal. Where an employer receives such details it will give a copy to the individual and take it into account in assessing the person s suitability for the work or activities. 15. What if I have lived abroad? 3

4 You must have lived in the Republic of Ireland for a period of least 6 months, at any stage, to be eligible for Garda vetting in the first place. For periods of residence abroad, including as a student, an employer may require verification from authorities in other countries, such as evidence of identity, of good conduct or non-conviction. This may not be straightforward as every country is different, language may be a barrier, and equivalent certification may not be available or accessible. If asked, you should discuss this with the employer in the first instance. 16. Is vetting in the Republic of Ireland the same as in other countries? No. In the UK and Northern Ireland vetting is available to both employers and individuals and can be accessed at a number of levels. The UK system also discloses soft information (suspicion of posing a risk, cautions, allegations, inquiries, arrests, charges pending etc). There are also provisions for the non-disclosure of certain kinds of timed-out or older offences in the UK. 17. Should I disclose a conviction for a minor or old offence? Yes. You should disclose details of any and all convictions regardless of location, timing or significance, including any you consider to be minor. Failure to self-disclose can be serious and may be an obstacle to employment. Talk to the employer if in doubt. 18. Does having a conviction mean I am unsuitable for work? No. If a conviction or other information is disclosed, it is up to the employer to determine its relevance and significance. Within a natural justice framework, the employer will arrive at a decision by following fair procedures. Where the disclosure is accepted, they will take into account the gravity, timing, significance, selfdisclosure, and individual s subsequent work and rehabilitation record. 19. What is the procedure for Garda Vetting? You will be given an Application Form by the employer. You fill in the form, carefully, and authorise your consent by signing. The application is sent to the Vetting Unit, via the Authorised Signatory and assigned a unique number; checks and searches are then carried out. The record is added to the vetting database and the employer is informed of the outcome. The employer makes a decision based on the contents. All physical records of the application are then destroyed. 20. Who sees the results of a vetting application? The results are issued directly to the Authorised Signatory and can not be shared or made available anywhere other than the employer. Data Protection law carries with it strict responsibilities information must be collected and used appropriately and fairly, having due regard to the needs and rights of the person, and can only be retained under strict and time-limited circumstances. 21. Does An Garda have any input into an employment decision? 4

5 No. Decisions on the suitability of applicants are the sole responsibility of the employer. The Garda Vetting Unit has no input into any such decision. 22. Is there any other way to access information held by An Garda? Yes. Under Data Protection law, individuals have a right to access personal data about themselves. This is done through a request for a Data Protection Disclosure. The Garda Central Vetting Unit also handles the requests, and disclosures are issued for the individual s own personal use they are not the same as Garda Vetting. A Data Protection Disclosure may be refused if the Unit believes it is being sought for employment purposes. 23. Is vetting the same as a Police Certificate of Character? A Police Certificate of Character is issued by An Garda to state whether or not you have a criminal record or otherwise came to the attention of the Gardaí. It is not issued for personal or employment purposes but may be available to support a visa application, for foreign adoption or to set up a business abroad. Requests should be sent to the Superintendent for the district where you live (or used to). The Garda Vetting Unit does not deal with Certificates of Character. 24. Can I use a Police Certificate or Data Protection Disclosure instead of vetting? No. An employer organisation should not ask you to make Data Protection request and it may be an offence under Data Protection law to make an enforced access request in connection with recruitment or employment. Create 2 Curved Street Temple Bar Dublin 2 Tel vetting@create-ireland.ie NOTE - This document contains a general summary based on information available to us; it is neither a complete nor definitive statement of the law. This information is given wholly without liability or responsibility on the part of Create and does not replace any necessity to obtain professional legal advice. 5