Summary of Information Seminar in Bray, County Wicklow May 17th 2013 in relation to the National Vetting Bureau (Children and Vulnerable Persons) Act 2012
The National Vetting Bureau (Children and Vulnerable Persons) Act 2012
The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 was enacted in December 2012, but has not commenced yet. This legislation is part of a suite of complementary legislative proposals to strengthen child protection.
Why has this legislation been introduced?
The Act will provide a legislative basis for the vetting of all persons who seek positions of employment (including volunteering) relating to children or vulnerable persons. This Act makes such vetting mandatory.
The Act will create a new National Vetting Bureau (NVB) with significant responsibilities. This will replace the current Garda Central Vetting Unit (GCVU)
Under the Act a database will be established, it will comprise a
· register of relevant organisations
· register of specified information
· register of vetted persons( See Section 6, page 10 of the Act)
Key definitions
The Act also defines a large number of terms including:
· “child” means a person under the age of 18 years;
· “vulnerable person” means a person, other than a child, who—
o is suffering from a disorder of the mind, whether as a result of mental illness or dementia,
o has an intellectual disability,
o is suffering from a physical impairment, whether as a result of injury, illness or age, or
o has a physical disability, which is of such a nature or degree as to restrict the capacity of the person to guard himself or herself against harm by another person, or that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.
· “harm”, in relation to a person, means exploitation or abuse, whether physical, sexual or emotional of the person; (See Section 2, page 2 of the Act)
· “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; (See Section 2, page 6 of the Act)
· “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;
· “liaison person” –currently known as authorised signatory (AS). (See Section 9, page 12 of the Act)
· “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.
· “relevant organisation” means a person (including a body corporate or an unincorporated body of persons)—who—
o employs (whether under contract of employment or otherwise { this includes volunteers} ) any person to undertake relevant work or activities ( including volunteering),
o enters into a contract for services with any person for the provision by that person of services that constitute relevant work or activities (including volunteering),
o permits any person (whether or not for commercial or any other consideration) to undertake relevant work or activities (including volunteering) on the person’s behalf,
o 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,
o 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, 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
o 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. (See Section 2, page 7 of the Act)
· “relevant work or activities” means—
(a) relevant work or activities relating to children, or (Schedule 1, Part 1)
(b) relevant work or activities relating to vulnerable persons; (Schedule 1, Part 2)
· “scheduled organisations” are organisations which will be required to notify specified information to the Garda Vetting Bureau. (See 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—
o 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 a scheduled organisation pursuant to subsection (1) or (2) of section 19,
o 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—
§ harm any child or vulnerable person,
§ cause any child or vulnerable person to be harmed,
§ put any child or vulnerable person at risk of harm,
§ attempt to harm any child or vulnerable person, or
§ incite another person to harm any child or vulnerable person;
The Chief Bureau Officer of the NVB must be satisfied that the disclosure of specified information is necessary, proportionate and reasonable in the circumstances in order to protect children or vulnerable persons. The vetting subject must be informed of the intention to disclose the information and informed that he or she may appeal the decision. (See Section 14 and 15, pages 17 -20 of the Act)
Who is subject to vetting?
Those involved in ‘any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with children or vulnerable persons in (amongst others)’:
• Childcare Services
• Schools
• Hospitals and health services
• Residential services or accommodation for children or vulnerable persons
• Provision of leisure or physical activities to children or vulnerable persons (unless this is incidental to the provision of services to a mixed group including adults)
• Promotion of religious beliefs (See Schedule I Part I, pages 29 – 32 of the Act)
If substitute persons are required from time to time for this work then they should be appointed from a panel of persons who have been vetted
Will the current form change?
The current form will be changed. The new form will require more personal information including, but not limited to passport numbers and mother’s maiden name. (See Section 13, page 17 of the Act)
A declaration of consent for person under 18 is required by Law (See Section 13. 6, page 17of the ACT)
A Personal Identification Number (PIN) may be assigned to each new vetting applicant.
All future applications of an individual will be allocated to this PIN. This will reduce turnaround times.
It is anticipated that an electronic form (e-form) will be available within 12 to 15 months of May 2013, depending on the availability of developmental resources in this regard.
Who is exempt from vetting?
The Act does not apply to an individual who does work in the course of a private arrangement for their own benefit, or for a child or vulnerable person who is a member of the individual’s own family. An example is the case of a family member babysitting a child of their family.
The Act does not apply to any work or activity undertaken in the course of a family relationship or to persons who assist occasionally and on a voluntary basis in certain activities or events be they school, sport or community related. This recognises the occasional but necessary involvement or assistance of parents or other persons.
However, the Act will apply where such involvement includes coaching, mentoring, counselling, teaching or training of the children or vulnerable persons.
How does my organisation decide who should be vetted?
This is a matter for each organisation to assess based on the attached Act. (Please see Schedule 1 Parts 1and 2)
What if we need to appoint a volunteer at short notice for a one off event?
The question to be considered is whether that person is required to be vetted within the provisions of the Act, or are they covered by the ‘occasional assistance ‘exemption. Occasional means ‘now and then’ or for a once off event such as a sports day. Of course other screening tools should still be used. AS BEST PRACTICE WE RECOMMEND THAT THESE ROLES SHOULD NOT BE RELEVANT WORK OR ACTIVITIES IN CERTAIN CIRCUMSTANCES
Where does the liability rest for non-vetting?
If a person working with children or vulnerable persons is not vetted, any offence that is committed is committed by the organisation that the person works or volunteers for. Each local board/management committee will have to ensure that the relevant persons working with children or vulnerable persons are vetted. Equally, national organisations will be required to vet persons working for them who are working with children or vulnerable adults. There is no requirement to vet persons in administration or other positions where they do not engage in "relevant work or activities relating to children /vulnerable adults”.
Do I need to register my organisation?
Volunteer Involving Organisations that are already registered with the GCVU through their national bodies or local Volunteer Centre do not have to re–register. The Act allows national organisations and consortiums, such as the Volunteer Centres, to submit vetting applications on behalf of another organisation. (See Section 8, pages 11, 12 of the Act)
What is the procedure for vetting applications?
The person to be vetted will fill out the relevant form (either manually or electronically)
Following the receipt of an application for vetting disclosure by a liaison person, the NVB will undertake an examination of its own database and Garda Síochána records to establish whether any criminal records or any specified information relates to the applicant. The NVB will release a vetting disclosure upon completion of all necessary enquiries and procedures as required. It may state that there is no criminal record or specified information relating to the applicant.
Where an employer or volunteering involving organisation (VIO) receives a vetting disclosure containing details of criminal records or specified information it must provide a copy of the disclosure to the vetting subject. It may consider and take into account the information disclosed in assessing the suitability of the person to do relevant work or activities. This should be done in a safe and confidential manner.
Who assesses the vetting subject’s suitability?
As with the current system, it is a matter for the relevant organisation, and not the NVB, or the Volunteer Centre, to consider and take into account the information disclosed in a vetting disclosure in assessing the suitability of the person for the position for which he or she has applied.
The organisation may not disclose the information otherwise than in accordance with the Act.
Noncompliance with this duty is an offence.
What about re-vetting and retrospective vetting?
The Act provides for the re-vetting of employees. However, retrospective vetting of current personnel who have not yet been vetted is being prioritised, so re-vetting will likely be introduced on a phased basis. (See Section 20 and 21, pages 23-25 of the Act)
Good practice indicates that re-vetting is conducted every 5 years on average.
It is also advisable to include a provision in the organisation’s vetting policy that provides for the re-vetting of any individual if there is a genuine cause for concern, e.g. court reports etc.
What if the vetting applicant has lived outside of Ireland?
The Garda vetting application form requires applicants to supply all address that they have been resident at from birth. Where these include addresses outside the island of Ireland, they should be provided.
What about vetting for youth leaders under 18 years old?
It is best practice to ensure that junior leaders under 18 years of age are supported by an adult(s) and do not have overall supervision responsibility for a group of young people. The consent of a parent is required for vetting persons less than 18 years of age. This is consistent with the existing vetting procedures.
Should students be vetted?
Transition Year (TY) Students should not be placed in a position to do “relevant work” as defined by the Act, therefore the need to vet them should not arise.
University/College Students: Garda Vetting is conducted by the University / College in order to facilitate work placements. This is the mother-ship principle. It is good practice to develop service level agreements with the colleges/universities.
Foreign Students: As above
What happens in the case of community service?
The individual is assessed by the Probation service before they are “introduced” to the group/organisation for community service. The organisation can still Garda Vet the individual should they wish.
It should be noted that, in some instances, the judge may not convict but suggest or recommend community service.
If you have any questions please do not hesitate to contact Leah on 01 2040885 or email
Version 1: 24/05/2013
Please read this document in conjunction with the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. It is available at http://www.irishstatutebook.ie/2012/en/act/pub/0047/
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