The law in Ireland makes it a criminal offence for some people who fail to notify their employers they are guilty of certain criminal offences before taking a job or performing a service. This duty to notify your employer relates primarily to sex offenders guilty of offences committed in Ireland and abroad. Section 26 of the Sex Offenders Act 2001 makes it an offence for a sex offender to "apply for work or to perform a service (including State work or service) which involves having unsupervised access to, or contact with children or mentally impaired people without telling the prospective employer or contractor that you are a sex offender".
The terms State work or State service includes work done by civil servants, Gardaí, Defence Forces, local authority and Health Service Executive (HSE) staff. The term mentally impaired is used in the 2001 Act and is defined in Section 5 of the Criminal Law (Sexual Offences) Act 1993. This refers to anyone suffering from a disorder of the mind, whether through mental disability or mental illness, which is of such a nature or degree as to render them incapable of living an independent life or of guarding against serious exploitation.
The Garda Central Vetting Unit deals with requests to vet certain prospective employees. It only deals with requests from organisations that are registered with the Unit - see 'How to apply' below.
It is intended to expand the Garda vetting service to all organisations which recruit people who have substantial unsupervised access to children and vulnerable adults. At present, those employees include:
Garda vetting is also being extended to employees covered by the Private Security Services Act 2004 (for example, bouncers and nightclub security staff)
When a prospective employee is vetted by the Gardaí the details of all convictions and prosecutions are disclosed to the authorised liaison person in the registered organisation. The details will include all completed prosecutions whether or not they were successful and will also include any pending prosecutions.
It is important to remember that Garda vetting is not the same as obtaining a Police Certificate which is provided by the Gardaí to people in Ireland who need them for a range of reasons. These reasons may include starting a business abroad or in order to obtain a visas for another country. You can find further information in our document on Police Certificates.
Organisations that require Garda vetting must register with the Garda Central Vetting Unit – see ‘Where to apply’ below. Details of the procedure for registering an organisation are on the Garda Síochána website.
If you are applying for a position that requires you to have Garda vetting you will be sent a Garda Vetting Application form by the registered organisation where you are applying.
There is more information in this list of frequently
asked questions about Garda vetting on the Garda Síochána website.
Racecourse Road
Thurles
Tipperary
Ireland
Tel:+353 (0)504 27300
Locall:1890 488 488
Homepage: http://www.garda.ie/Controller.aspx?Page=1535&Lang=1
The national standards for children’s residential centres include a requirement that all staff, students and volunteers are appropriately vetted, to include references and Garda Síochána and/or police authority criminal record checks, before taking up duties. The Child Care (Special Care) Regulations 2004 (pdf) provide that the HSE or voluntary body or any other person providing or maintaining a special care unit will ensure that staff or others who have access to children are appropriately vetted. That is, by obtaining references and Garda Síochána and/or other police authority criminal record checks.
The Child Care (Pre-School Services) (No 2) Regulations 2006 and the Child Care (Pre-School Services) (No 2) (Amendment) Regulations 2006 (pdf) require pre-school childcare services to obtain references and Garda vetting for all staff, students and volunteers who have access to children. The Child Care (Placement of Children in Foster Care) Regulations 1995 and the Child Care (Placement of Children with Relatives) Regulations 1995 require that foster parents or relatives with whom children in the care of the HSE are to be placed give authorisation to allow the HSE to obtain a statement from the Garda Síochána as to whether there are any convictions against them or any relevant member of the household and to provide the names of two referees for reference purposes.
The Department of Health issued a publication in 2002 entitled Our Duty to Care (pdf). It aims to promote good practice and procedures for organisations dealing with children and includes advice on safe recruitment practice, developing safe management practices and policies and raising awareness of child abuse among volunteers and staff.