Garda Vetting

 
As part of our commitment to support and promote volunteering Sligo Volunteer Centre provides a Garda Vetting service for voluntary and community groups within our local area. Sligo Volunteer Centre is registered with the National Vetting Bureau to provide a vetting service for small to medium sized organisations who wish to vet their volunteers, but who do not have access to a Liaison person within their own organisation.

As of April 29th 2016, a new Bill - The National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 came into effect.  

This act makes it mandatory for people working with children or vulnerable adults to be vetted by the Garda Síochána National Vetting Bureau.

WHO MUST BE VETTED- WHAT IS RELEVANT WORK?

Under the Acts, any person whose work or activity involves access to children or vulnerable adults must be vetted. Workers include staff, volunteers and those on student placements working for a relevant organisation through which they have unsupervised access to children and/or vulnerable adults. The act defines “relevant organisation” as one that employs or permits a person to carry out work or activities which mainly consist of them having access to, or contact with, children or vulnerable adults.

The work or activities where people working with children and vulnerable adult will require vetting include:

  • Childcare services – see also ‘Further information’ below
  • Schools
  • Hospitals and health services
  • Residential services or accommodation for children or vulnerable persons
  • Treatment, therapy or counselling services for children or vulnerable persons
  • Provision of leisure, sporting or physical activities to children or vulnerable persons
  • Promotion of religious beliefs

There will be a number of roles where you will have to carry out a risk assessment and decide if the position allows the person to build up a relationship of trust with a child or vulnerable adult. Please see Schedule 1 below to determine if your role is relevant for vetting.

WHAT IS A VULNERABLE ADULT? 

A vulnerable person means a person, other than a child, who is suffering from a disorder of the mind, whether as a result of mental illness or dementia, has an intellectual disability, is suffering from a physical impairment, whether as a result of injury, illness or age, or has a physical disability, which is of such a nature or degree as to restrict the capacity of the person to guard himself or herself against harm by another person, or that results in the person requiring assistance with the activities of daily living including dressing, eating, walking, washing and bathing.

WHAT IS A RELEVANT ORGANISATION?

A relevant organisation means a person (including a body corporate or an unincorporated body of persons) who employs, enters into a contract for services or permits any person to undertake relevant work or activities, a necessary and regular part of which consists mainly of the person having access to, or contact with, children or vulnerable adults. A relevant organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation unless the organisation receives a vetting disclosure from the National Vetting Bureau in respect of that person. A person who contravenes this section shall be guilty of an offence.

WHAT DOES THIS MEAN FOR YOUR ORGANISATION?

In Summary:

If your organisation is deemed a Relevant Organisation, you are required by law to vet anyone who is engaged in relevant work before they commence their role.

There are new obligations required by you. These are

  • A legal responsibility to check, verify and keep on file the applicants ID
  • The storage of disclosures and data returned on each vetting subject

HOW DOES THE SERVICE WORK?

For details on the process please contact Ciara or Olivia on This email address is being protected from spambots. You need JavaScript enabled to view it. or by calling the Volunteer Centre on 071-911 1042

In general to avail of this service:

  • Your organisation will be required to register with Sligo Volunteer Centre. There is a once of Induction/Registration Charge of €50. This covers an initial meeting with us, in depth training on the process and what you may need to have in place before you start and support around getting this in place.

There is a processing charge of €7.50 per volunteer form thereafter, and €15 per employee form. 

  • Your organisation will be required to meet with us/attend training about the Garda Vetting process. We organise training a few times per annum. This is €25 and the once off Induction/Registration Fee that applies in this case is €25 if further support is required.
  • You will be required to sign a Service Level Agreement and other documents with us before service can commence
  • Sligo Volunteer Centre will support your organisation to have certain policies and procedures in place before commencing Garda Vetting, e.g., confidentiality policy, data protection policy, Garda Vetting policy. This is all explored in the Induction/Registration process.
For more detailed information please see the National Vetting Bureau's FAQ section
 

You will need to determine where your volunteer role fits into the below schedule. What section of Part 1 or Part 2 (or both) is the role relevant to? 

 

SCHEDULE 1

Section 2 .

PART 1

Relevant Work or Activities Relating to Children

  1. 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—

a) an establishment which provides pre-school services within the meaning of Part VII of the Child Care Act 1991,

b) a school or centre of education, both within the meaning of the Education Act 1998,

c) any hospital or health care centre which receives, treats or otherwise provides services to children,

d) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided in accordance with the Child Care Act 1991,

e) a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991,

f) a children detention school within the meaning of section 3 of the Children Act 2001,

g) a reception or accommodation centre which provides residential accommodation services to applicants for asylum under contract to the Department of Justice and Equality.

  1. Any work or activity which consists of the provision of home tuition by a person pursuant to the Scheme administered and funded by the Department of Education and known as the Home Tuition Scheme.
  2. Any work or activity which consists of treatment, therapy or counselling provided to a child by a person in the course of that work or activity.
  3. Any work or activity which consists of care or supervision of children unless the care or supervision is merely incidental to the care or supervision of persons who are not children.
  4. Any work or activity which consists of the provision of educational, training, cultural, recreational, leisure, social or physical activities (whether or not for commercial or any other consideration) to children unless the provision of educational, training, cultural, recreational, leisure, social or physical activities is merely incidental to the provision of educational, training, cultural, recreational, leisure, social or physical activities to persons who are not children.
  5. Any work or activity which consists of the provision of advice, guidance or developmental services (including by means of electronic interactive communications) to children unless the provision of the advice, guidance or developmental service is merely incidental to the provision of those services to persons who are not children.
  6. Any work or activity as a minister or priest or any other person engaged in the advancement of F19[any religious beliefs to children unless such work or activity is merely incidental to the advancement of religious beliefs to persons who are not children ].
  7. Work as a driver of a public service vehicle which is being used only for the purpose of conveying children.
  8. The provision by a person, whether or not for commercial or other consideration, of accommodation for a child in his or her own home.
  9. Any research work or activities (howsoever described) carried out in a university, institute of technology or other establishment at which third level education is provided where a necessary and regular part of the research work or activity involves contact with or access to children.
  10. Any application by a person to carry on or manage a designated centre within the meaning of section 2of the Health Act 2007.
  11. Any application by a person for a declaration of eligibility and suitability within the meaning of section 3of theAdoption Act 2010.
  12. Any assessment of a person’s suitability to act as a foster carer by or under section 39of the Child Care Act 1991.
  13. Any assessment by or under section 41of the Child Care Act 1991of a person’s suitability to act as a carer of a child in respect of whom he or she is a relative.
  14. Any work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, children pursuant to the following enactments:

a) Medical Practitioners Act 2007;

b) Nurses Act 1985;

c) Nurses and Midwives Act 2011;

d) Dentists Act 1985;

e) Health and Social Care Professionals Act 2005;

f) Pharmacy Act 2007;

g) Pre-Hospital Emergency Care Council Order 2000 ( S.I. No. 109 of 2000);

h) Pre-Hospital Emergency Care Council (Establishment) Order 2000 (Amendment) Order 2004 ( S.I. No. 575 of 2004).

Annotations:

Amendments:

F19

Substituted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 27(a), S.I. No. 215 of 2016.

PART 2

Relevant Work or Activities Relating to Vulnerable Persons

  1. 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, vulnerable persons in—

a) a school or centre of education, both within the meaning of the Education Act 1998, unless, in the case of a centre of education, the work or activity is merely incidental to work or activities undertaken in relation to persons who are not vulnerable persons,

b) any hospital or care centre which receives, treats or otherwise which provides services to vulnerable persons,

c) a designated centre within the meaning of section 2 of the Health Act 2007, in so far as it relates to an institution at which residential services are provided to vulnerable persons,

d) an approved centre within the meaning of Part 5 of the Mental Health Act 2001.

  1. Any work or activity which consists of treatment, therapy or counselling provided to a vulnerable person by a person in the course of that work or activity.
  2. Any work or activity which consists of the care (including the provision of health and personal social services and essential domestic services) of vulnerable persons unless the care is merely incidental to the care of persons who are not vulnerable persons.
  3. Any work or activity which consists of the provision of educational, training, cultural, recreational, leisure, social or physical activities (whether or not for commercial or any other consideration) to vulnerable persons unless the provision of educational, training, cultural, recreational, leisure, social or physical activities is merely incidental to the provision of educational, training, cultural, recreational, leisure, social or physical activities to persons who are not vulnerable persons.
  4. Any work or activity which consists of the provision of advice, guidance or developmental services (including by means of electronic interactive communications) to vulnerable persons unless the provision of the advice, guidance or developmental service is merely incidental to the provision of those services to persons who are not vulnerable persons.
  5. Work as a driver of a public service vehicle which is being used only for the purpose of conveying vulnerable persons.
  6. Any work or activity as a minister or priest or any other person engaged in the advancement of F20[any religious beliefs to vulnerable persons unless such work or activity is merely incidental to the advancement of religious beliefs to persons who are not vulnerable persons ].
  7. The provision by a person, whether or not for commercial or other consideration, of accommodation for a vulnerable person in his or her own home.
  8. Any research work or activities (howsoever described) carried out in a university, institute of technology or other establishment at which third level education is provided where a necessary and regular part of the research work or activity involves contact with or access to vulnerable persons.
  9. Any assessment of a person’s suitability to act as a care representative under section 21of the Nursing Homes Support Scheme Act 2009.
  10. Any application by a person to carry on or manage a designated centre both within the meaning of section 2of theHealth Act 2007.
  11. Any work or activity which is carried on by a person, a necessary and regular part of which requires the person to have access to, or contact with, vulnerable persons pursuant to the following enactments:

a) Medical Practitioners Act 2007;

b) Nurses Act 1985;

c) Nurses and Midwives Act 2011;

d) Dentists Act 1985;

e) Health and Social Care Professionals Act 2005;

f) Pharmacy Act 2007;

g) Pre-Hospital Emergency Care Council (Establishment) Order 2000 ( S.I. No. 109 of 2000);

h) Pre-Hospital Emergency Care Council (Establishment) Order 2000 (Amendment) Order 2004 ( S.I. No. 575 of 2004).

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