Summary of Regulatory Impact Analysis (RIA)

Similar documents
Garda Síochána (Irish

1. Trusts responsibilities under Children (NI) Order

The Independent Safeguarding Authority (ISA) & Vetting and Barring Scheme (VBS)

Working with Children Registration

CCTV Policy. In this section, we give you further information about us as a data controller.

Relate. Charities regulation in Ireland. What is a charity? May Contents

An Roinn Coimirce Sóisialaí Department of Social Protection

Independent safeguarding authority and statement of Secretary of State for Education on scheme changes

3. WHO WILL THE PVG SCHEME AFFECT?

The Company is responsible for the care and safeguarding of some of the most vulnerable people in society.

APSE Scottish and Northern Ireland Contacts for Information.

EXPLANATORY MEMORANDUM TO THE SAFEGUARDING VULNERABLE GROUPS ACT 2006 (CONTROLLED ACTIVITY) (WALES) REGULATIONS 2010

Impact of the Vetting & Barring Scheme. Julian Topping Head of Workplace Health NHS Employers

Criminal Record Checks Scotland

Protection of Vulnerable Groups (PVG) Scheme. Briefing for Sports Clubs/Organisations

Holy Child School, Killiney. Personal Data Security Breach Code of Practice Form

Office Use Only. Section 2 Applicant Details and Establishment (see Note 2 in the Guide) 2A Name of Applicant. 2B Business Address of Applicant

Child and working tax credits

Section 2 Applicant Details and Establishment (see Section 2 in the Guide) 2A Name of Applicant. 2B Business Address of Applicant

Address. Number of Years Trading. Value Year of Make Claims Free Years. Make Model Registration Number / Serial Number

Child Safeguarding Policy

Contents

APPLICATION FORM FOR 2016 TENANT (INCREMENTAL) PURCHASE SCHEME

GUIDANCE ON EMPLOYMENT VETTING

Revenue Information Powers Introduction

Briefing for CCPS members September 2010

Local Welfare Provision. The Salford Discretionary Support Scheme (SDSS) Scheme Design 2013/14

Primary Teachers Appointment and Re-Appointment Form 2018/2019

And [THE ORGANISATION] GRANT AID AGREEMENT. [Year] Section 39 Health Act 2004

Safeguarding Vulnerable Groups Act 2006 Safeguarding Vulnerable Groups (Northern Ireland) Order SVG Act 2006: ISA scheme Consultation Document

Irish Statute Book. Insurance Act, Quick Search Search for word(s) / phrase in Title of Act or Statutory Instrument

Financial Statement for Legal Aid in Criminal Proceedings

COMPLIANCE & SUPPORT. Inquiry Report London Mill Hill Congregation of Jehovah s Witnesses. Registered Charity Number

The Protection of Vulnerable Groups (Scotland) Act 2007 The Protecting Vulnerable Groups Scheme (PVG Scheme)

VETTING AND BARRING SCHEME PHASING IN ARRANGEMENTS

Prosecution Solicitor in the Office of the Director of Public Prosecutions

Number 21 of Housing (Miscellaneous Provisions) Act 2014

Volunteer Abroad Booking Form

Direct Payments Suitable Person Guidance. Guidance developed by the All Wales Direct Payments Forum in conjunction with the Welsh Assembly Government

CIRCULAR LETTER PEN 03/04

Number 10 of 2009 SOCIAL WELFARE AND PENSIONS ACT 2009 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General PART 2

LETTINGS POLICY BRC

Number 26 of Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018

Underpinning Legal Framework

SECOND CONSULTATION ON FIT AND PROPER TEST. February 2006 CONSULTATION PAPER CP15 1

Information on. Protecting Vulnerable Groups (PVG) Scheme and Self Directed Support (SDS)

Thematic Paper on Organised Crime Asset Confiscation as an Instrument to Deprive Criminal Organisations of the Proceeds of their Activities.

Barnardo s Scotland. Protection of Vulnerable Groups (Scotland) Act 2007 Response to Consultation on policy proposals for secondary legislation

PUBLIC LIABILITY (AND EMPLOYERS LIABILITY) POLICY SUMMARY ROYAL & SUN ALLIANCE INSURANCE PLC POLICY NO: RTT

Data Privacy Notice. Who are we and why do we register and use personal data?

COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) BILL 2017

Tax Enquiries: Closure Rules Response from the Low Incomes Tax Reform Group (LITRG)

Community Childcare Subvention Plus Programme General Conditions of Grant Funding Agreement (the Agreement ) Programme Call 2018/2019

Information Booklet. Contact: Eamonn Collins.

Investigation into the Disclosure and Barring Service

Managing charity assets and resources

INVITATION TO TENDER PROVISION OF HOUSING RELATED SUPPORT SERVICES FOR VULNERABLE PEOPLE (REF: ASC0016)

Settlement Agreement between the Central Bank of Ireland and Ulster Bank Ireland DAC (formerly Ulster Bank Ireland Limited)

Information Booklet.

Application to Join the PVG Scheme Guidance Notes

The Transitional Employment Allowance Regulations, 2005

GDPR: Frequently Asked Questions to Brokers Ireland, February 2018.

Smart metering Implementation Programme

Credit unions will also need to be aware of CRED G to J G.

LONDON BOROUGH OF BEXLEY BEXLEY S PERSONAL BUDGET POLICY. 1. Background

Disqualified trustees. A thematic report from the Charity Commission for Northern Ireland

Existing PVG Scheme Member Application Guidance Notes

National Federation of Voluntary Bodies Secretariat Service Plan

EDUCATION, LIFELONG LEARNING AND CULTURE COMMITTEE AGENDA. 18th Meeting, 2010 (Session 3) Wednesday 9 June 2010

TWENTY-SECOND ANNUAL REPORT

acie Independent Examination OSCR Guidance for Charities and Independent Examiners

10 Things You Need to Know About the Gambling Control Bill 2013

Dealing with concerns about charities. Guidance on how the Charity Commission for Northern Ireland deals with concerns about charities

CHALKHILL PRIMARY SCHOOL Barnhill Road, Wembley, HA9 9YP

Update. Pension. Shedding some light Analysing developments in the pensions sector. Spring 2017

Review of the Money Laundering Regulations 2007: The Government Response

BILLET D ÉTAT. TUESDAY 29th SEPTEMBER Volume 3

School Events Transport Policy

Report to. Citizens Information Board. Cost Benefit Analysis of the Proposed Regional Reorganisation of the CIS and MABS Network.

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 36

Public Service Stability Agreement

Personal Budgets Policy for Children and Young People with Education, Health and Care Plans

Directions for Credit Bureaus and Credit Information Providers:- Direction on the Operational Framework for Managing the Requirements for Consumer

HEALTH SERVICE EXECUTIVE NATIONAL FINANCIAL REGULATION GRANTS TO OUTSIDE AGENCIES NFR - 31

THE SUPREME COURT IN THE MATTER OF SECTION 18 OF THE COURTS OF JUSTICE ACT 1947 THE DIRECTOR OF PUBLIC PROSECUTIONS AND

CITY OF DUBLIN EDUCATION AND TRAINING BOARD GRADE 4 - ASSISTANT STAFF OFFICER - REF: G419 MEMORANDUM OF INFORMATION

Recognised Institution Application and Renewal Supporting Documentation Checklist V1

Absolute Liability for a Failure to Prevent Foreign Bribery: Significant Change Ahead in Australia?

Families with Children and Young People in Debt (Respite) Bill

Removing private practice from public hospitals: Submission of the Health Insurance Authority to the de Buitleir Independent Review Group

GUIDELINES ON COMPLIANCE WITH THE PROVISIONS OF THE ETHICS IN PUBLIC OFFICE ACTS 1995 and PUBLIC SERVANTS (Seventh Edition)

Revenue Information Powers. Part 38, chapter 4. Incorporating material previously set out in Statement of Practice SP- GEN/1/99

Settlement Agreement between the Central Bank of Ireland and Intesa Sanpaolo Life dac

Conference of the States Parties to the United Nations Convention against Corruption

EASTHAMPSTEAD PARK COMMUNITY SCHOOL Educational Trips and Visits Policy and Procedure

Charity Incorporation

1. Chapter 1. The Regulatory Sandbox License 3-7

Number 5 of 2000 NATIONAL MINIMUM WAGE ACT 2000 REVISED. Updated to 1 January 2018

Registry General September 2015

Corporate M&A APPLICATION OF THE UK BRIBERY ACT 2010 TO IRISH COMPANIES AND PARTNERSHIPS CARRYING ON BUSINESS IN THE UK

Transcription:

Department/Office: Justice and Equality Summary of Regulatory Impact Analysis (RIA) Title of Legislation: National Vetting Bureau Bill 2011 Stage: Date: 12 July 2011 General Scheme of Bill Related Publications: First Report - Interim Report on Children on the Twenty-Eight Amendment of the Constitution Bill 2007. David P. Brennan RIA Available to view or download at: Nil Contact for enquiries: Mr. David Brennan Telephone: 4768657 What policy options have been considered? Please summarise the costs, benefits and impacts relating to each of the option below and indicate whether a preferred option has been identified. 1. Make the necessary legislative changes. 2. Do not make these changes. Preferred Option: 1. Make the necessary legislative changes. 1. Taking all of the factors into consideration it is considered that the Bill will not create additional costs to the exchequer. This is based on the premise that there will not be any significant increase in demand for vetting applications, as the Bill does not create any new vetting requirements. The existing services and the scope of vetting will not be extended beyond existing applicants for the foreseeable future. OPTIONS COSTS BENEFITS IMPACTS 1. The Bill will significantly strengthen the States protections for children and vulnerable adults, as recommended by the Joint Oireachtas Committee. 2. The Bill will provide legal certainty and it is expected that the Bill will reduce the number of legal appeals against the disclosure of information for vetting purposes. 3. The Bill will also provide a robust legal basis for the work of the Garda Vetting Bureau. In overall terms the Bill will further enhance the Governments measures to protect children and vulnerable adults.

Regulatory Impact Analysis Policy Objectives Background In September 2008 the Joint Committee on the Constitutional Amendment on Children presented an Interim Report to the Oireachtas. The Committee made the following recommendations: a) That legislation should be prepared and published to establish a statutory scheme for the vetting of all persons involved in working in any capacity with children; for the statutory regulation of the manner in which information in relation to records of criminal prosecutions, criminal convictions and soft information may be collated, exchanged and deployed by An Garda Síochána or other Statutory Agencies for the purpose of ensuring the highest standards of child protection within the State; and to require that all agencies, organisations, bodies, clubs, educational and childcare establishments and groups working with or involved with children ensure that all of those working under their aegis either in a paid or voluntary capacity with children are subject to vetting. b) The proposed legislation should have due regard for the protection of the constitutional rights of any persons who may be affected by this proposed law reform. The Bill therefore has two main purposes: 1) To provide a statutory framework for the existing vetting procedures, using criminal records information, in regard to: (a) persons applying for public sector jobs, (b) persons seeking employment working with children and vulnerable adults. There is already a statutory basis for vetting of persons under various Acts: i) Public Service Management (Recruitment and Appointments) Act 2004. ii) Child Care Act 1991 and the Child Care Regulations 2006. iii) Employment Agency Act 1971. iv) Taxi Regulation Act 2003. v) Private Security Services Act 2004. vi) Teaching Council Act 2001. However these acts do not set out the procedures to be followed in the vetting process.

2) To provide a statutory framework to define soft or relevant information, and to set out procedures to allow this relevant information be used, in addition to records of prosecutions or criminal convictions, in vetting persons applying for employment working with children or young adults. Soft information will not be disclosed in regard to general public service employment It will only be used in regard to: i) employment working with children or vulnerable adults. ii) Garda Síochána and State security appointments. 1) Providing a statutory framework for existing vetting procedures. Current Practice The existing vetting procedures are based on the use of information about criminal prosecutions or convictions, currently derived from the Garda PULSE Data. There are two primary types of vetting applications: a) Applications from Government and State Agencies, or through the Public Appointments Commission, in respect of persons applying for positions of employment. The proposed Bill does not propose any change in practice in regard to these positions. i.e. Applicants will still be vetted by examining records of criminal prosecutions or convictions and disclosing this information to the prospective employer. Minor road traffic offences or fines are not be considered pertinent in assessing such applications and are not disclosed. The proposed Spent Convictions Bill will further define/limit the information regarding convictions to be used in regard to such vetting. b) Applications from organisations employing persons working with children or vulnerable adults. Under the Children First Guidelines, which currently operate on a non-statutory basis the Garda Central Vetting Unit has responsibility for vetting on behalf of organisations employing personnel to work in a full-time, part-time, voluntary or student placement capacity with children or vulnerable adults. Around 19,000 organisations currently use the services of the Garda Vetting Office for this purpose. In developing this legislation the Department s key objective is to provide a basis in law for existing vetting procedures, together with allowing disclosure of certain soft information. These procedures have developed on the basis of a number of legal challenges to vetting, and consequent legal advices. Key Principles of the Existing Procedures The following are key principles of the existing procedures which must be retained in the legislation: Decisions on whether or not to employ a person are made by the employer, not by the Vetting Bureau. The consent of the person seeking employment is obtained prior to vetting.

The Vetting Bureau s role is primarily to disclose verified, accurate information to enable employers make informed decisions, in order to protect the public interest. Persons applying for vetting will not take up employment until vetting has been concluded satisfactorily. The exception to this are teachers employed under the Teaching Council Act 2001, which allows for appointment pending vetting. The Bill provides that the Minister may make regulations providing for revetting of persons on a periodic basis of not less than 5 years. This policy decision might be reconsidered at some future time, after enactment, but in the current economic climate and with the resources of the Vetting Office already severely stretched it is considered that it is currently not feasible to re-vet people at regular intervals after recruitment. Consideration of other Legislative Models In preparing the Draft Scheme, consideration was given to a Barring List system such as operates in the UK and Northern Ireland and South Africa s Children s Act 2005. Based on previous advices from the Attorney the Departments & Gardaí felt that a Barring List system could not readily be adapted here, given our constitutional obligation to protect a person s good name. While the Draft Scheme reflects certain provisions of other jurisdictions legislation, such as disclosure provisions, Registered Organisations, Authorised Persons, etc., the Draft Scheme has been developed with a particular regard to our own constitutional constraints, in particular Article 40.3.2, and with regard to numerous specific advices from the Attorney General which have shaped the evolution of the current Irish system of vetting. The Structure of the Bureau A policy decision has been made not to create a new statutory agency to do the work of vetting, but to use the structure of the existing Garda Vetting Office, as this is a significantly less costly option. 2) Providing a statutory basis for the use of soft information. In 2008 the Oireachtas Joint Committee on the Constitutional Amendment on Children recommended that a single piece of legislation be prepared that deals with the use of criminal record information and soft information. Until now, soft information has not been disclosed in assessing vetting applications. There are, however, a number of cases that the Vetting Office are dealing with where disclosure of soft information is an ongoing issue. There is also no clear definition of what is meant by soft information. In defining soft information and providing for its use in legislation it is considered that there are a number of key principles that are being adhered to: In using soft information it will be necessary to balance the rights of individuals to the protection of their good name, and the rights of children

and vulnerable adults to be protected from persons who are likely to cause them harm. Consequently, the definition of soft or relevant information in the scheme is quite restrictive and only includes information arising from a formal investigation, either by the Gardaí or another specified body which has responsibility for conducting such investigations, where that investigation found bona fide evidence that a person is likely to cause harm to a child or vulnerable adult. Before any soft information is disclosed, the person to whom the record refers must be afforded the opportunity to challenge the information in question. The scheme provides for an independent appeals mechanism if the person concerned is not satisfied with the decision of the Vetting Bureau. The scheme also provides that all information held under the Act will be subject to the provisions of the Data Protection Acts. The disclosure of soft information in the vetting process is restricted to employment which involves substantial ongoing contact with children or vulnerable adults, or appointments to positions in State security. Offences It is proposed that minor road traffic offences, fines on the spot etc. will not form part of the Criminal Records database. The Spent Convictions Bill will further address the issue of discounting minor offences. Options Do nothing. Non-implementation is not really an option: 1. To do nothing would mean that we would ignore the findings of the Oireachtas Committee. Furthermore, there are a number of ongoing legal actions in regard to the vetting procedures which already operate. The Attorney General has strongly advised that it is essential to put the vetting procedures on a statutory footing if the State is to limit its liabilities in such cases. Partial implementation of the legislation. In effect what is proposed for the foreseeable future is a partial implementation option. The three types of vetting provided for in the Bill Public Service Appointments, persons working with children or vulnerable adults and State security appointments require vetting already, under existing legislation. The Minister may make regulations providing for re-vetting of persons on a periodic basis of not less than 5 years. For resource reasons it will not be possible to do this in the foreseeable future. Identification of costs and benefits

There are a number of potential costs which will arise from the implementation of the Bill but these are not considered to be significant: 1) The cost of providing Relevant Information. This will involve costs to the scheduled organisations which conduct investigations e.g. HSE, HIQA, Teaching Council etc. who will be required to notify the Bureau where an investigation has been concluded and where it has been found that there are bona fide reasons to believe that a person poses a threat to children or vulnerable adults. It should be borne in mind that the Bill creates no onus on these organisations to conduct any enquiry that they would not otherwise conduct. Therefore the costs are only related to the communication of information to the Bureau. It is considered that these communication costs will be incidental and will not create any extra demands on the exchequer. Separately, it is understood that the Department of Children is considering placing the Children First Guidelines on a statutory basis and that process may create additional process requirements for organisations reporting abuse of children. But it is considered that any such extra reporting costs or associated administrative costs are not proper to this Bill. Equally, changes in reporting requirements or procedures which might arise in future in regard to vulnerable adults or schools are entirely separate to any provisions of this Bill. 2) The cost of establishing the Relevant Information Database. Based on UK experience it is expected that the number of records on this database will be small (no more than 1,000 records) and the cost of establishing the database will be met from existing Garda IT resources. This will be a tiny database, relative the size of the Criminal Records database. This requirement will be met from existing resources. 3) The costs of extra vetting demand. It should be noted that there is unlikely to be an additional demand for vetting of persons applying for public sector posts or for posts working with children or vulnerable adults as these vetting requirements have already been created by other legislation or by the Children First Guidelines. The Bill does provide however, that the Minister may make regulations providing for re-vetting of persons on a periodic basis of not less than 5 years. For resource reasons it will not be possible to do this in the short to medium term. Consideration of making such regulations to provide for re-vetting will only arise in the long term and will be subject to resource availability in the future. If, in the future it is decided to proceed with re-vetting this would need to be discussed and agreed with the Department of Public Expenditure and Reform. For all of these reasons, the cost of increased vetting demand is being set at nil for the present. 4) Potential extra legal liabilities for the state. It can be argued that by putting vetting on a statutory basis, the State may assume a liability to provide an efficient vetting service and the state may be exposed to legal claims arising from vetting delays. It will be important in finalising the Bill to create adequate safeguards to protect the State from any such claims. This issue will be further considered in consultation with the Attorney General at the drafting stage. 5) Identifiable cost savings. The Gardaí propose rolling out an on-line vetting application process in 2012 and this will free up some staffing resources in the Bureau due to the fact that the on-line applications will no longer require staff to open post and register each individual item of mail. These staffing resources will be employed in reducing the time required to vet applications. The average time taken to vet persons has already been reduced from 16 weeks to 8 weeks. There has also been a significant fall in demand for vetting for public sector

appointments due to the public service recruitment freeze. This is expected to continue into the medium term. 6) Cost of Appeals Procedure. It is estimated that the cost of fees to the independent Appeals Officer will be of the order of 30,000 per annum. This estimate is based on the experience of the costs of the Prisons Appeals system. This cost will be significantly lower than the costs of appeals going to court, as they do at present. In overall terms therefore this procedure will save money. Taking all of the above factors into consideration it is considered that the Bill will not create any significant costs to the exchequer and can be implemented on a cost neutral basis within existing resources. Other Impacts The Bill will significantly strengthen the States protections for children and vulnerable adults, as recommended by the Joint Oireachtas Committee. The Bill will provide legal certainty and it is expected that the Bill will reduce the number of legal appeals against the disclosure of information for vetting purposes. It will also provide a robust legal basis for the work of the Garda Vetting Bureau. The Bill has no implications for wider social policies, such as social inclusion, general economic development etc. Consultations Detailed consultations have taken place with: the Gardaí, Office of the Attorney General, Department of Children, Department of Health, Department of Education & Skills. The draft Bill reflects the observations and comments received in that consultation process. Recommendation It is recommended that the Scheme of the Bill proceed to drafting. Enforcement and Compliance It will be a matter for the Garda Síochána and the Organisations listed in the schedule to the Bill to implement the legislation. The Department of Justice and Law Reform will monitor the implementation of the legislation.

Review Any difficulties encountered will be considered as they arise.