Alison Elstone IWS 20151

Proposed Changes to Legislation and it’s Effect on Irish Water Safety Vetting Policy Alison Elstone IWS 20152

3

 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. Alison Elstone IWS 20154

National Vetting Bureau (Children & Vulnerable Persons) Act 2012 Alison Elstone IWS 20155

 Enacted in December 2012  No commencement date specified  Late 2015/Early 2016 Alison Elstone IWS 20156

 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 Alison Elstone IWS 20157

 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’ - Alison Elstone IWS

Childcare Services Schools Hospitals & Health Services Residential Services Counselling/Therapy Services Provision of Leisure or Physical Activities (Irish Water Safety) Promotion of Religious Beliefs Alison Elstone IWS 20159

 Work or Activities undertaken in the course of- 1. A Family Relationship 2. A Personal Relationship, for no commercial considerations 3. Assistance given by an individual on an occasional basis and for no commercial consideration Alison Elstone IWS

 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 Alison Elstone IWS

 Act applies where such involvement includes: Coaching Mentoring Counselling Teaching Training - of children IWS will assess the positions involved in accordance with the Act Alison Elstone IWS

 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 Alison Elstone IWS

 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 Alison Elstone IWS

 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.’ Alison Elstone IWS

Receipt of Application 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 Alison Elstone IWS

 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 Alison Elstone IWS

 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. Alison Elstone IWS

 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 Alison Elstone IWS

Vetting Bureau Bureau Staff refers case to Chief Bureau Officer (CBO) Decision made by CBO as to whether information should be disclosed Notification 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 Alison Elstone IWS

 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 Alison Elstone IWS

 Provides for Re-Vetting of Members  Best practice – Every 5 years Alison Elstone IWS

 Legislation will be introduced to provide exchange of criminal records from other countries Alison Elstone IWS

Alison Elstone IWS