While many have heard of Garda vetting, the criminal background check carried out by An Garda S\u00edoch\u00e1na is frequently misunderstood and misrepresented in public discourse.<\/p>\n
Discussing individual cases publicly also demonstrates disregard for the privacy and reintegration of people with convictions.<\/p>\n
The law relating to Garda vetting of prospective employees is clear. Garda vetting, under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016, is mandated for people with access to or contact with children and\/or vulnerable people in the course of their work.<\/p>\n
Garda vetting is distinct from, but feeds into, the security clearance processes required by some State institutions.\u00a0<\/p>\n
To be clear, employers cannot seek Garda vetting simply from a desire to vet a prospective employee.\u00a0<\/p>\n
The job in question must be categorised as requiring this under the legislation.<\/p>\n
Another common misperception is that garda\u00ed contribute to the decision-making around hiring an individual. This is not the case.\u00a0<\/p>\n
Rather, garda\u00ed complete a document that outlines a person\u2019s criminal record, including pending prosecutions in Ireland and abroad.\u00a0<\/p>\n
Garda\u00ed may also provide \u201cspecified information\u201d (such as information garda\u00ed hold about investigations that did not lead to a conviction) where the circumstances may \u201creasonably give rise to a bona fide concern\u201d that the person may pose a risk to a child.\u00a0<\/p>\n
It is not a pass or fail system: The vetting disclosure garda\u00ed provides allows employers to decide what do to based on the information.<\/p>\n
In our research with employers, half of survey participants did not have specific policies or practices requiring disclosure of criminal convictions.\u00a0<\/p>\n
At the same time, Garda vetting and GDPR requirements are not clearly understood by all employers, or by people with convictions themselves.\u00a0<\/p>\n
As such, many employers are asking for individuals to disclose a conviction history at various points in the application and hiring processes, whether Garda vetting applies or not.<\/p>\n
Yet, we argue that seeking disclosures of criminal backgrounds that do not fall under the provided legal definition for Garda vetting are also not compliant with GDPR legislation.<\/p>\n
Our research on employment of people with convictions in Ireland shows that many employers are concerned about perceived, but unsubstantiated, risks associated with hiring people with convictions.\u00a0<\/p>\n
Examples broadly include concerns about reoffending intertwined with concerns for the safety and security of their business, customers, and other employees. Some specific concerns relate to the type of offence and perceived reputational risks to businesses if customers or employees found out.<\/p>\n