National Vetting Bureau (Children and Vulnerable Persons) Act 2012

14.

Consideration by Bureau of application for vetting disclosure.

14.— (1) Where the Bureau receives an application for vetting disclosure duly made under section 13 in respect of a person concerning relevant work or activities, the Bureau shall—

( a) make such enquiries of the Garda Síochána as it deems necessary to establish whether there is any criminal record or specified information relating to the person, and

( b) undertake an examination of the database to establish whether it contains particulars of any record of, or specified information relating to, the person concerned.

(2) The Bureau shall, upon completion of its enquiries and examination referred to in subsection (1), including, where appropriate, any assessment under section 15 , make, in accordance with this section a vetting disclosure in such form (including electronic form) as the Bureau considers appropriate, to the liaison person for the relevant organisation who made the application for it.

(3) Where a member of staff of the Bureau considers there is specified information relating to a person who is the subject of an application for vetting disclosure, he or she shall refer the matter to the Chief Bureau Officer for assessment and determination under section 15 as to whether the information concerned should be disclosed.

(4) A vetting disclosure shall be in such form (including electronic form) as the Bureau may specify and shall in respect of the person who is the subject of the application for vetting disclosure—

( a) include—

F11 [ (i) subject to subsection (4A) , particulars of the criminal record (if any) relating to the person, and ]

(ii) a statement of the specified information (if any) relating to the person which the Chief Bureau Officer has determined in accordance with section 15 should be disclosed,

or

( b) state that there is no criminal record or specified information, in relation to the person.

F12 [ (4A) Where a person who is the subject of an application for vetting disclosure has a conviction to which section 14A applies, the conviction shall be excluded from the vetting disclosure made by the Bureau in respect of the person. ]

(5) The Bureau shall not make a vetting disclosure in respect of the person who is the subject of the application for vetting disclosure if he or she has lodged an appeal under section 18 which has not yet been determined.