alison elstone iws 20151. proposed changes to legislation and it’s effect on irish water safety...

Alison Elstone IWS 2015 1

IWS Membership & Garda Vetting Policy


National Vetting Bureau (Children & Vulnerable

Persons) Act 2012

Proposed Changes to Legislation and it’s Effect on Irish Water Safety Vetting Policy


Influence the policy & practice within IWS to ensure that all policy and decisions take account of young people’s needs.

Facilitate communication within the organisation

Act as an advisory resource to the adults involved in the organisation on child protection issues ensuring that statutory guidelines and procedures are followed.

The DLP’s Role in Policy Dissemination


National Vetting Bureau (Children & Vulnerable Persons)

Act 2012

What is the New Vetting Legislation?


Enacted in December 2012

No commencement date specified

Late 2015/Early 2016

When will it commence?


Provide a Legislative Basis for Vetting of Persons seeking positions of Employment relating to Children or Vulnerable Persons

Previously – Vetted on a Non-Statutory Basis

Act makes vetting Mandatory

Why has this Legislation been introduced?

8

Anyone 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 in’ -

Who is Subject to Vetting?

Alison Elstone IWS 2015


• Childcare Services• Schools• Hospitals & Health Services• Residential Services• Counselling/Therapy Services• Provision of Leisure or Physical Activities (Irish Water Safety)

• Promotion of Religious Beliefs


Work or Activities undertaken in the course of-

1. A Family Relationship2. A Personal Relationship, for no

commercial considerations3. Assistance given by an individual on an

occasional basis and for no commercial consideration

Who is Exempt from Vetting?


Persons who assist occasionally and on a voluntary basis in certain activities/events

Recognises the occasional & necessary involvement/assistance of parents or other persons

Covers one off events or occasional, irregular assistance

Occasional Assistance


Act applies where such involvement includes:

• Coaching• Mentoring• Counselling• Teaching• Training - of children

IWS will assess the positions involved inaccordance with the Act

However...


Vet all members aged 18 years and older

New legislation – Is the person providing physical or leisure activities/services to children?

Trainee Instructors

Parental Consent Form required for vetting persons under 18 years

Best Practice: Members under 18 years have the support of an adult(s) & do not have overall responsibility for a group of young people

IWS Vetting Policy


Person may not be engaged to perform relevant work/activities in relation to children unless that person has been subject to vetting procedures

Failure to comply is an offence under the Act

Failure to Vet a Member working directly with children


Offence is committed by the organisation

Our responsibility to ensure relevant persons working with children are vetted

No requirement to vet persons in administration or other positions where they do not engage in ‘relevant work or activities relating to children.’

Liability for Non-Vetting


Receipt of Applicatio

n

•Received at IWS HQ and Sent to Vetting Bureau

Vetting

Bureau

•Examination of Vetting Db & Garda Records

•Criminal Records and Specified Information

Vetting

Disclosure

•No records relating to Applicant

•Details of Criminal Record or Specified Information

Procedure for Vetting Applications


Organisation must provide a copy of the disclosure to the vetting subject.

Conducted in a safe and confidential manner

Administrative Filter – Minor Offences (over 7 yrs old/district courts)will not be revealed during the vetting process

E.G. Motoring & Public Order Offences

Vetting Disclosures


In ALL Cases –

• Offences against the Person• Sexual Offences• Indictable Offences

- will be disclosed.

Non-convictions will also be disclosed if there are concerns that the person may harm a child.

Vetting Disclosures


Information held by An Garda Síochana or Organisation (Sch. 2) i.e. HSE or Teaching Council.

Information reasonably gives rise to a bona fide concern that a person may harm a child

Tightly controlled – balance rights of vetting subject & the rights of children

What is Soft/Specified Information?


Vetting

Bureau

•Bureau Staff refers case to Chief Bureau Officer (CBO)

•Decision made by CBO as to whether information should be disclosed

Notificatio

n

•CBO notifies Vetting Subject, providing summary of information

•Vetting Subject has a right to make a written submission in relation to info

Statutory

Constraints

•Only if information gives rise to bona fide concern

•Satisfied disclosure necessary, proportionate & reasonable in the circumstances

•Vetting Subject must be informed of intention to disclose and their right to appeal

Process of Disclosing Specified Information


Irish Water Safety consider information disclosed & assess Vetting Subject’s suitability

May not disclose information otherwise than in accordance with the Act. Non-compliance with this duty is an offence

IWS Policy - All Disclosures received to be managed within a Natural Justice framework

Vetting Committee assess suitability of applicants vis-á-vis any Garda vetting disclosures received

Assessing the Vetting Subject’s Suitability


Provides for Re-Vetting of Members

Best practice – Every 5 years

Re-Vetting


Legislation will be introduced to provide exchange of criminal records from other countries

Applicant has lived outside of Ireland?

alison elstone iws 20151. proposed changes to legislation and it’s effect on irish water safety...

Documents

children iws

childrenalison elstone

vetting of persons

vetting persons

vetting mandatorywhy

new vetting legislation

relevant persons

vetting procedures failure