Garda Vetting Legislation Overview

On the 29th of April 2016 the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016(the Act) was commenced. The commencement of the Act made it a legal requirement for any person working with children or vulnerable persons to be vetted by An Garda Síochána prior to commencing their role. Coinciding with the commencement of new vetting legislation, An Garda Síochána, launched its eVetting service. 

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This means it is a legal requirement for a relevant organisation to receive a vetting disclosure from the National Vetting Bureau via a Liaison Person, for any person who will undertake relevant work or activities on behalf of the organisation. 

Relevant Work or Activities – means any work or activity which is carried out by a person where a necessary and regular part of the work consists mainly of the person having access to, or contact with children or vulnerable adults.


Vetting Disclosures – following the vetting procedure,the Liaison Officer will receive a vetting disclosure which can

EITHER

§  include details of a ‘criminal record’ (if any) and a statement of ‘specified information’
(if any) relating to the person

OR

§  will state that there is NO criminal record or ‘specified information’ in relation to the person. 

All results of disclosures will be forwarded to the organisation who submitted the application.  The organisation must make available a copy of the vetting disclosure to the applicant if the applicant requests this, and should take into account any disclosures when assessing the suitability of the applicant for the role.  Confidentiality is of the utmost importance, and it is an offence to use or disclose the information in a disclosure by the organisation other than in accordance with the Act.

Criminal Record – A criminal record in relation to an applicant means a record of this person’s convictions, held by An Garda Siochana, for any criminal offences, together with any orders made pursuant to the convictions concerned, and record of any prosecutions.

Specified information – this means information relating to the applicant, concerning a finding or allegation of harm to another person received by the Garda Siochana by a specified list of organisations legally required to inform the Garda Siochana.  It is information that is considered to give rise to a bona fide concern that the vetting applicant may harm, cause to be harmed, attempt to harm or incite another person to harm a child or vulnerable person.

Re-vetting – Persons previously vetted do not require to be re-vetted due to the commencement of the Act, unless the vetting has reached its renewal date as stipulated within the organisation's vetting policy.  

Copies of the Act are available to downloadwww.irishstatue.ie or www.oireachtas.ie

More details of the legislation and the vetting process are provided at our Garda vetting training, which we provide for organisation who need it. Please contact us for details.