National Vetting Bureau (Children and Vulnerable Persons) Act 2012

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

(3) Notwithstanding the generality of subsection (2), sections 20 and 21 shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to different types of relevant work or activities or with reference to any other particular purpose or provision and different days may be so appointed for different relevant work or activities, for different purposes or for different provisions.

2. Interpretation.

2.— In this Act—

“appellant” shall be construed in accordance with section 18;

“appeals officer” means a person appointed by the Minister under section 17 as an appeals officer;

“application for retrospective vetting disclosure” shall be construed in accordance with section 21;

“application for re-vetting disclosure” shall be construed in accordance with section 20;

“appropriate person” shall be construed in accordance with section 19;

“Bureau” means the National Vetting Bureau of the Garda Síochána;

“Chief Bureau Officer” means the person who is for the time being appointed by the Garda Commissioner to be in charge of the Bureau;

“child ” means a person under the age of 18 years;

“compliance officer” means a person appointed by the Chief Bureau Officer as a compliance officer under section 24;

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),

whether the contract is express or implied and, if express, whether it is oral or in writing;

“criminal offence” includes an offence under the law of a state other than the State that corresponds to an offence under the law of the State, where the act or omission constituting the offence under the law of the other state would, if committed in the State, constitute an offence under the law of the State;

“criminal record”, in relation to a person, means—

(a) a record of the person’s convictions, whether within or outside the State, for any criminal offences, together with any ancillary or consequential orders made pursuant to the convictions concerned, or

(b) a record of any prosecutions pending against the person, whether within or outside the State, for any criminal offence,

or both;

“database” shall be construed in accordance with section 6;

“enactment” means a statute or an instrument made under a power conferred by statute;

“Garda Central Vetting Unit” means the national unit of the Garda Síochána known as the Garda Central Vetting Unit;

“Garda Commissioner” means the Commissioner of the Garda Síochána;

“harm”, in relation to a person, means exploitation or abuse, whether physical, sexual or emotional of the person;

“liaison person”, in relation to a relevant organisation, shall be construed in accordance with section 9;

“Minister” means the Minister for Justice and Equality;

“personal identification number”, in relation to a person who is the subject of an application for vetting disclosure, means the registration number assigned in respect of him or her by the Bureau for the purposes of the vetting procedures under this Act;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“private arrangement” means an arrangement made by an individual for the provision by any person of relevant work or activities—

(a) for, or for the benefit of, the individual, or

(b) for, or for the benefit of, a child or vulnerable person who is a member of the individual’s family;

“register of relevant organisations” means the register established and maintained under section 8;

“register of specified information” means the register established and maintained under section 10;

“register of vetted persons” means the register established and maintained under section 11;

“relevant organisation” means a person (including a body corporate or an unincorporated body of persons)—

(a) who—

(i) employs (whether under contract of employment or otherwise) any person to undertake relevant work or activities,

(ii) enters into a contract for services with any person for the provision by that person of services that constitute relevant work or activities,

(iii) permits any person (whether or not for commercial or any other consideration) to undertake relevant work or activities on the person’s behalf,

(iv) is a provider of courses of education or training, including internship schemes, for persons and, as part of such education or training or scheme, places or makes arrangements for the placement of any person in work experience or activities where a necessary part of the placement involves participation in relevant work or activities,

but does not include an individual who does any of the matters referred to in subparagraphs (i) to (iv) in the course of a private arrangement,

(b) who carries on the business of an employment agency within the meaning of the Employment Agency Act 1971 for the employment of persons to undertake relevant work or activities,

(c) established by or under an enactment (other than the Companies Acts) whose functions include the regulation, registration, licensing or other authorisation (howsoever described) of persons who undertake relevant work or activities, or

(d) who represents for the purposes of the vetting procedures under this Act, another person, trade, profession or body, organisation or group or other body of persons that undertakes relevant work or activities;

“relevant work or activities” means—

(a) relevant work or activities relating to children, or

(b) relevant work or activities relating to vulnerable persons;

“relevant work or activities relating to children” shall be construed in accordance with Part 1 of Schedule 1;

“relevant work or activities relating to vulnerable persons” shall be construed in accordance with Part 2 of Schedule 1;

“scheduled organisation” means an organisation that is specified in Schedule 2;

“specified information”, in relation to a person who is the subject of an application for vetting disclosure, means information concerning a finding or allegation of harm to another person that is received by the Bureau from—

(a) the Garda Síochána pursuant to an investigation of an offence or pursuant to any other function conferred on the Garda Síochána by or under any enactment or the common law, or

(b) a scheduled organisation pursuant to subsection (1) or (2) of section 19,

in respect of the person and which is of such a nature as to reasonably give rise to a bona fide concern that the person may—

(i) harm any child or vulnerable person,

(ii) cause any child or vulnerable person to be harmed,

(iii) put any child or vulnerable person at risk of harm,

(iv) attempt to harm any child or vulnerable person, or

(v) incite another person to harm any child or vulnerable person;

“vetting disclosure”, in respect of a person, means a disclosure made by the Bureau in respect of the person under section 14;

“vetting procedures” means the enquiry and examination undertaken by the Bureau under section 14 and, where appropriate, assessment by the Chief Bureau Officer of specified information under section 15 in relation to an application for vetting disclosure in respect of a person who wishes to undertake relevant work or activities;

“vulnerable person” means a person, other than a child, who—

(a) is suffering from a disorder of the mind, whether as a result of mental illness or dementia,

(b) has an intellectual disability,

(c) is suffering from a physical impairment, whether as a result of injury, illness or age, or

(d) has a physical disability,

which is of such a nature or degree—

(i) as to restrict the capacity of the person to guard himself or herself against harm by another person, or

(ii) that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

3. Act not to apply to certain relationships or arrangements, etc.

3.— (1) This Act shall not apply to any of the following, namely:

(a) any relevant work or activities undertaken in the course of a family relationship;

(b) any relevant work or activities undertaken—

(i) in the course of a personal relationship, and

(ii) for no commercial consideration;

(c) the giving of assistance by an individual—

(i) on an occasional basis, and

(ii) for no commercial consideration,

at a school, sports or community event or activity, other than where such assistance includes the coaching, mentoring, counselling, teaching or training of children F1[or vulnerable persons;]

F2[(d) the employment of, or entering into a contract for services with, a person either by or on behalf of the State Examinations Commission, for the purposes of the performance by the person on a temporary basis of any functions in respect of the conduct and delivery of examinations to which Part VIII of theEducation Act 1998applies.]

(2) In this section—

“family relationship” includes a relationship between 2 persons who live in the same household and treat each other as though they were members of the same family;

“personal relationship” means a relationship between or among friends and a friend of a member of an individual’s family shall be regarded as being a friend of the individual also.

4. Regulations.

4.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed or for the purposes of enabling any provision of this Act to have full effect.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

5. Expenses.

5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 National Vetting Bureau (Children and Vulnerable Persons) Database System

6. Establishment of National Vetting Bureau (Children and Vulnerable Persons) Database System.

6.— (1) The Chief Bureau Officer shall, as soon as may be after the commencement of this section, cause to be established and maintained in accordance with this Part, a database system to be known as the National Vetting Bureau (Children and Vulnerable Persons) Database System and in this Act, referred to as the “database”.

(2) The database shall be comprised of the following registers:

(a) the register of relevant organisations;

(b) the register of specified information;

(c) the register of vetted persons.

(3) The database shall be used only in connection with the provision of vetting disclosures in accordance with this Act or as otherwise provided for by law.

7. Functions of Bureau in relation to database, etc.

7.— (1) The Bureau shall operate and maintain the database in accordance with this Act.

(2) Without prejudice to the generality of F3[section 9 of thePolicing, Security and Community Safety Act 2024], the Bureau shall, in accordance with this Act, provide vetting services to relevant organisations in respect of relevant work or activities and, without prejudice to the generality of the foregoing, the Bureau shall perform the following functions in relation to the provision of vetting services, namely:

(a) the consideration and processing of applications for vetting disclosure received by it from relevant organisations registered in the register of relevant organisations;

(b) the making of such enquiries within the Garda Síochána as the Bureau deems necessary to establish whether there are any criminal records or specified information relating to persons who are the subject of applications for vetting disclosure (in this subsection referred to as “the persons concerned”);

(c) the examination of the database to establish whether it contains particulars of specified information relating to the persons concerned;

(d) the making of such enquiries as the Bureau deems necessary for the purposes of establishing the identity of the persons concerned;

(e) the assessment for the purpose of disclosure (or otherwise) of specified information relating to the persons concerned for the purposes of determining whether or not it should be disclosed;

(f) the making of such enquiries of F4[scheduled organisations] or the Garda Síochána, as the case may be, as the Bureau deems necessary for the purposes of assessing specified information relating to the persons concerned;

(g) the making, in accordance with the provisions of this Act, of vetting disclosures in respect of the persons concerned to relevant organisations.

(3) The Bureau shall have all such powers as are necessary or expedient for the performance of its functions under this Act.

8. Register of relevant organisations.

8.— (1) The Chief Bureau Officer shall cause to be established and maintained, in such form (including electronic form) as he or she considers appropriate, a register of relevant organisations.

(2) A relevant organisation shall, in accordance with this section, apply to the Bureau to be registered in the register of relevant organisations.

(3) A relevant organisation that, immediately before the commencement of this section, is registered with the Garda Central Vetting Unit shall, on such commencement, be deemed to be registered in the register of relevant organisations.

(4) A relevant organisation shall not be required to comply with subsection (2) if applications for vetting disclosures are submitted to the Bureau on its behalf by another relevant organisation that is registered on the register of relevant organisations.

(5) A relevant organisation that submits applications for vetting disclosures on behalf of another relevant organisation shall furnish the Bureau with particulars of the name and address of the relevant organisation concerned.

(6) An application under this section shall—

(a) be in such form (including electronic form) as may be specified by the Bureau,

(b) specify the name and address of the relevant organisation,

(c) contain such other information in relation to the relevant organisation as the Bureau may reasonably require for the performance of its functions under this Act, and

(d) be accompanied by such fee (if any) as may be prescribed.

(7) The Bureau may—

(a) refuse an application for registration under this section, or

(b) remove an entry relating to an organisation registered in the register from it,

if it is of the opinion that the organisation is not, or is no longer, as the case may be, a relevant organisation.

(8) The Bureau shall, as soon as practicable, after a decision is made by it under this section notify an organisation of—

(a) a decision to register the organisation,

(b) a decision to refuse to register the organisation, or

(c) a decision to remove an entry relating to the organisation from the register,

and, in the case of a decision referred to in paragraph (b) or (c), the Bureau shall specify in writing the grounds upon which the decision was made.

(9) A person who fails to comply with subsection (2) shall be guilty of an offence.

(10) In proceedings for an offence under subsection (9), it shall be a defence for the accused person to show that the accused person neither knew nor could reasonably be expected to know that he or she or it, as the case may be, was a relevant organisation.

(11) If a particular entered in the register of relevant organisation is incorrect, the relevant organisation to which the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Bureau thereof accordingly.

9. Nomination and registration of liaison persons for purposes of Act.

9.— (1) A relevant organisation that is registered in the register of relevant organisations shall, for the purposes of applying for and receiving vetting disclosures in accordance with this Act, nominate in writing a person (in this Act referred to as a “liaison person”) to be registered in the register of relevant organisations as the liaison person of the organisation.

(2) A relevant organisation that is registered in the register of relevant organisations may at any time nominate more than one person under subsection (1).

(3) A nomination referred to in subsection (1) shall be in such form as may be specified by the Bureau and shall include the following information in respect of the person nominated:

(a) his or her name and, where he or she also uses one or more other names, each of those names;

(b) in a case where he or she has a former name, including where appropriate, a maiden name, that name or each of them, as the case may be;

(c) his or her gender;

(d) his or her mother’s maiden name;

(e) his or her address;

(f) his or her previous addresses (if any);

(g) his or her date of birth;

(h) his or her place of birth;

(i) his or her nationality (if known);

(j) his or her Passport Number (if available);