It is a legal requirement for any person working with children or vulnerable persons to be vetted by the Garda National Vetting Bureau prior to commencing their role. If your organisation works with children or vulnerable persons it is critical to be familiar with the mandatory vetting requirements.
Vetting legislation
Vetting for the purpose of employment with children or vulnerable adults is carried out by the Garda National Vetting Bureau in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016 (the Acts). The primary purpose of the prescribed vetting arrangements is to afford enhanced protection for children and vulnerable adults.
The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 sets out certain prohibitions on the disclosure of past convictions. This legislation made a series of amendments to procedures that must be followed concerning the disclosure or otherwise of past convictions in the context of the vetting process.
The Private Security Services Act 2004 also requires private security employees to be Garda vetted.
What happens when a request for information against a vetting subject is made?
A form with the applicant’s details will be sent to the Garda National Vetting Bureau who will make enquiries within An Garda Síochána or other relevant organisations to establish whether any criminal records or specified information exists in relation to the vetting subject.
What information will a vetting application seek to reveal?
The Acts set out what constitutes a criminal record and what constitutes specified information in relation to a person who is the subject of an application for a vetting disclosure. Specified information is any information that is considered to reasonably give rise to a bona fide concern that the vetting subject may cause harm to, or put any child or vulnerable person at risk of harm.
Can the Gardaí object to the vetting subject being offered employment?
The Garda National Vetting Bureau does not make any determinations on the suitability of an applicant for a position. The decision to recruit the vetting applicant is the sole responsibility of the employer engaging a person to work with children or vulnerable adults.
Consequences for employers
Garda enforcement officers are authorised to carry out unannounced vetting checks on organisations that employ people who work with children. These spot checks have been taking place since January of this year. Persons found guilty of an offence under the Acts shall be liable to a class A fine or imprisonment for a term of 12 months, or both on summary conviction or, or on conviction on indictment to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.
If you are an employer that works with children or vulnerable adults, it is vital to comply with the Garda vetting requirements. To learn more about your employer compliance requirements please do call our 24-hour advice line on 0818 923 923 to speak with one of our experts
