Press Statement
10 October 2011
IHRC welcomes draft legislation to provide statutory protection to children and vulnerable people, and calls for further human rights safeguards
The Irish Human Rights Commission (IHRC) today welcomed the publication of draft legislation on vetting as a necessary step in identifying people who may pose a threat to children or vulnerable people. In its observations on the Scheme of the National Vetting Bureau Bill 2011 submitted to the Minister for Justice, Equality and Defence, the IHRC made recommendations that would further strengthen human rights safeguards in the draft legislation.
Dr Maurice Manning, President of the IHRC said "There needs to be a proper statutory based system for the protection of children and vulnerable adults. I welcome the publication of the Scheme of the National Vetting Bureau Bill 2011 as it aims to put the current ad hoc system (Garda vetting) on a statutory footing. Having reviewed the Bill, the IHRC considers that it could be further strengthened from a human rights perspective."
Dr Manning continued "It is vital that full procedural and administrative safeguards are in place in the entire vetting process. This is particularly important given the impact which a disclosure by the Vetting Bureau that a person is unfit to work with children or vulnerable adults may have on a person’s life. In order to ensure that the vetting scheme fulfils its purpose of protecting children and vulnerable adults while at the same time protecting people who are vetted from undue interference with their right to private and family life, further safeguards must be included in this Bill."
The IHRC is concerned about the extent of the disclosure of information collected about any person. Dr Manning said "The IHRC considers that there should be a strong link between disclosure of private information other than convictions and the nature of employment. The draft legislation must ensure the protection of the right to privacy, the right to be presumed innocent and the constitutional right to a good name. Therefore the storage and onward transmission of information collected during the vetting process should be clearly provided for in the Bill."
The IHRC is concerned that the Bill may not be confined specifically to protecting children and vulnerable people but also foresees vetting for reasons of national security. Mr Éamonn Mac Aodha, IHRC Chief Executive said "the IHRC is concerned that there is reference in this legislation for purposes of national security although the Bill appears to have the purpose of protecting children and vulnerable adults. The issue of vetting for reasons of national security should be addressed in separate legislation."
The IHRC is also concerned that the Bill may create a serious burden on organisations applying for vetting, and who must submit vetting information. Mr Éamonn Mac Aodha said "the views of organisations concerned with vetting, and those working with children and vulnerable adults must be sought on this legislation. The IHRC is concerned that this Scheme creates undue burdens on a range of organisations who may not be equipped to undertake such serious investigations. Any vetting system should not create an undue burden on organisations, nor require organisations to undertake investigations where they are not equipped to do so. In addition, the process under which any investigation leading to a determination that a person may harm or attempt to harm children or vulnerable adults – which is an extremely serious determination – must be carried out with due regard for fair procedures and natural justice."
For further information, please contact:
Fidelma Joyce, IHRC
Tel: 01 8589601, Mob: 087 783 4939
Notes to Editor
– Human Rights Standards
Under human rights standards, States will be held responsible if they fail to take preventive measures to prevent abuse of individuals by private actors and specifically in relation to the protection of children. While the State is obliged to ensure that sufficient safeguards are in place to protect children and vulnerable adults, human rights standards also require that the State protects the rights of individuals subject to vetting processes. In order to ensure State compliance with the European Convention on Human Rights (ECHR), the proposed Vetting legislation must thus be informed by Article 8 of that Convention (right to respect for his private and family life) and exercise a delicate balance between robust measures to prevent abuse and fair procedure measures to allow individuals to correct inaccurate information concerning them.