1. Policy Statement
  2. Dun Laoghaire Rathdown Outreach Projectis committed to the protection and welfare of all of our Service Users. As part of this obligation Dun Laoghaire Rathdown Outreach Project is committed to best practice in selection and recruitment procedures of employees, volunteers and sessional staff and when deemed necessary requires Garda Vetting as part of this process.
  3. Dun Laoghaire Rathdown Outreach Project has signed an agreement with the County Volunteer Centre Ltd in which Dun laoghaire Rathdown Outreach Projecthas agreed that Dun Laoghaire Rathdown Volunteer Centre will act as an Authorised Signatory for Garda Vetting.
  1. Purpose

2.1The purpose of this document is to provide information and guidance on Garda Vetting procedures within Dun Laoghaire Rathdown Outreach Project.

  1. Scope

3.1The Board of Management and Manager are responsible for ensuring that this policy is implemented efficiently and effectively. All staff members, volunteers and sessional staff in Dun Laoghaire Rathdown Outreach Project are required to undergo this process.

  1. Procedure

Dun Laoghaire Rathdown Outreach Project has nominated the Manager as their Designated Data Officer to liaise with the Authorised Signatory in the Dun Laoghaire Rathdown Volunteer Centre.

4.1 Measures

Dun Laoghaire Rathdown Outreach Project will manage all Garda Vetting applications and disclosures within Human Rights, Legislative and a Natural Justice framework.

Dun Laoghaire Rathdown Outreach Project recognise that abody of legislation impacts on Garda Vetting, including

  • Child Care act 1991 – sections 5, 61 and 65
  • Data Protection Act 1988/2003
  • Children’s Act 2001 – section 258
  • European Union Convention on Human Rights.

4.2 This policy must be read in conjunction with Dun Laoghaire Rathdown Outreach ProjectsSelection and Recruitment Policy, Confidentiality Policy and Data Protection Policy.

5Garda Vetting

Dun Laoghaire Rathdown Outreach Project recognises that Garda Vetting can be an important tool in the selection and recruitment of staff, volunteers and sessional staff. It also recognises that Garda Vetting must be regarded as just one element in the selection and recruitment process and that it is equally important to ensure that best practice in recruitment and selection including follow-up of references, is adhered to at all times.

5.1 Structure for Garda Vetting

The Dun Laoghaire Rathdown Volunteer Centre will act as the Authorised Signatory for Dun Laoghaire Rathdown Outreach Project. Within Dun Laoghaire Rathdown Outreach Projectthe Board of Management and Manager only will be allowed to review Garda Vetting forms, all of whom will be expected to sign Dun Laoghaire Rathdown Volunteer Centre’s non-disclosure agreement.

5.2 Who has to apply for Garda Vetting?

Within Dun Laoghaire Rathdown Outreach Project all staff members, volunteers and sessional workers are required to undergo Garda Vetting.

5.3Dun Laoghaire Rathdown Outreach Project will conduct a risk assessment on a case by case basis in relation to offences/convictions.

5.4Garda Vetting process

5.4.1The advertising of any role within Dun Laoghaire Rathdown Outreach Project, paid or voluntary will include a statement advising that Garda Vetting will be required.

5.4.2New staff members, volunteers and sessional workers will not be allowed to undertake one to one work with service users until the Garda Vetting process has been completed.

5.4.3A Garda Vetting form will be given to the applicant along with a letter explaining the process including the fact that Dun Laoghaire Rathdown Volunteer Centre is acting on behalf ofDun Laoghaire Rathdown Outreach Project as their Authorised Signatory. A stamped addressed envelope must be enclosed. The envelope must be addressed as follows:

Strictly private and confidential

The Manager

Dun Laoghaire Rathdown Outreach Project

45, Upper Georges Street,

Dun Laoghaire,

Co. Dublin.

5.4.4Returned forms will be assessed by the Managerfor omissions and or mistakes. If such exist the form will be re-sent to the applicant with a letter explaining why. Correctly completed forms will be batched and sent to Dun Laoghaire Rathdown Volunteer Centre.

5.4.5Dun Laoghaire Rathdown Outreach Project will keep a record of all forms dispatched to candidates and sent to the Authorised Signatoryin the Dun Laoghaire Rathdown Volunteer Centre.Dun Laoghaire Rathdown Outreach Project will not hold any copies of the completed forms.

5.5.5Dun Laoghaire Rathdown Outreach Project will send all completed Garda Vetting Forms to:

Strictly Private and Confidential

Development Manager,

Dun Laoghaire Rathdown Volunteer Centre

C/O Southside Partnership

Old Post Office

7, Rock Hill, Main Street,

Blackrock,

Co. Dublin.

5.5.6Dun Laoghaire Rathdown Outreach Project understands that records of forms and where they are in the process will be held by the Authorised Signatoryin the Dun Laoghaire Rathdown Volunteer Centre, including name of candidate, date dispatched, date returned to the Authorised Signatoryand sent to Garda Central Vetting Unit.

  1. Reviewing Garda Vetting results

6.1On return from the Garda Central Vetting Unit the forms will be processed by Dun Laoghaire Rathdown Volunteer Centre’sAuthorised Signatory and the Manager within Dun Laoghaire Rathdown Outreach Project will benotified by letter or email.

6.2Dun Laoghaire Rathdown Volunteer Centre will pass on a copy of any disclosures by post. These must be returned to the Volunteer Centre within 3 weeks. In accordance with Data Protection Legislation Dun Laoghaire Rathdown Outreach Project are not permitted to keep copies.

6.2.1No Convictions

It is the policy of Dun Laoghaire Rathdown Outreach Project that where there are no convictions, this discovery will be taken into consideration when assessing the person’s suitability for the position.

6.2.2Convictions

Where there are convictions attached, a letter will be sent to the person asking them to attend a meeting with the Manager. (A request to meet must never be made by either telephone or email) This letter must not disclose the information on the returned Garda Vetting form. The purpose of this meeting is to allow the applicant (employee/volunteer) access to the information returned by the Garda Central Vetting Unit and to give them an opportunity to explain their position.

6.3A written record of this meeting will be kept and the time, date and duration of the meeting recorded.

6.4Dun Laoghaire Rathdown Outreach Project will ensure that:

  • Everyone, regardless of their history, is given fair and equal treatment and the right to state their case.
  • Cognisance is taken of Repeat Offending, Restorative Justice and Rehabilitation of Offenders.
  • A disclosure or conviction will not automatically preclude the applicant from obtaining or retaining the position

in question. However, the organisation will not be in a position to offer posts to any applicant where a current/active suspended sentence is disclosed.

  • Cognisance is taken of the applicant’s self-disclosure or non-disclosure of a conviction at the time of the application and of their experience (work record etc) and rehabilitation subsequent to any conviction disclosed.
  • Where multiple convictions are evident but may be as the result of a particular lifestyle, e.g., drug addiction, then the change in lifestyle must be taken into consideration.
  • Any applicants who deny any convictions returned by the Garda Central Vetting Unit are asked to provide evidence to the contrary.
  • Applicants are informed that in the case of uncertainties their form will be returned to the Garda Central Vetting Unit seeking clarification.
  • The applicant’s date of birth are clarified at the start of the meeting as mistakes may be made by the Garda Central Vetting Unit where names and addresses are similar.
  • Dun Laoghaire Rathdown Outreach Project will consider each Garda Vetting form returned with convictions individually and Dun Laoghaire Rathdown Outreach Project will always treat the applicant with respect, dignity and complete confidentiality. The decision makers will exercise caution against being guided by their own values or personal ethical system and adhere to this policy, with particular consideration for section 5.3 above.

6.5Outcome of Garda Vetting review meeting.

Dun Laoghaire Rathdown Outreach Project recognises that there are three potential outcomes of the review meeting.

6.5.1In line with this policy and taking all things into consideration including interview, current history and references, the applicant may be offered the position.

6.5.2The applicants Garda Vetting form is returned to the Garda Central Vetting Unit for further clarification. In which case a second review meeting may be held.

6.5.3The applicant is deemed unsuitable for the position on offer by nature of their history of offences.

In each case a written explanation of the outcome will be sent to the applicant by registered letter. A record of this letter, including date sent must be kept. A record of any replies received and any follow-up must also be kept.

7Data Protection

7.1Dun Laoghaire Rathdown Outreach Project complies with the Data Protection Act. A copy of the Data Protection policy should be read in conjunction with this policy.

7.1.1Purpose of Garda Vetting

Dun Laoghaire Rathdown Outreach Project uses the Garda Central Vetting Unit’s vetting service to obtain information which enables the assessment of an applicant’s suitability for a position within the organisation.

7.1.2 Compliance

Dun Laoghaire Rathdown Outreach Project understands that the Dun Laoghaire Rathdown Volunteer Centre Ltd which acts as the Authorised Signatorycomplies fully with the Garda Central Vetting Unit code of practice regarding the secure storage, handling, use, retention and disposal of the Garda Central Vetting Unit disclosures, disclosure information and with its legal obligations under the Data Protection Act.

7.1.3Dun Laoghaire Rathdown Outreach Project also complies fully with good practice regarding the secure storage, handling and use of the Garda Central Vetting Unit disclosures, disclosure information and with its legal obligations under the Data Protection Act.

8Storage and Access.

8.1 Storage

Dun Laoghaire Rathdown Outreach Project understands that completed Garda Vetting Application Forms will be stored by Dun Laoghaire Rathdown Volunteer Centre Ltd in a lockable storage with access limited to those who are entitled to see it as part of their duties.

8.2 Record of persons to whom information has been disclosed

A record will be maintained by Dun Laoghaire Rathdown Outreach Project of all those to whom disclosed information has been revealed, as it is prohibited under data protection to pass disclosed information to anyone who is not entitled to receive it.

8.3 Applicants access to information.

Dun Laoghaire Rathdown Outreach Project recognises that when a personhas providedthem with their personal data they have the right to be given a copy of their personal data in accordance with section 4 of the Data Protection Acts subject to certain exceptions. In the case of information to do with Garda Vetting Dun Laoghaire Rathdown Outreach Project will inform the person that this information is held by Dun Laoghaire Rathdown Volunteer Centre and inform the candidate that the conditions of and procedures for making a request are outlined in Dun Laoghaire Rathdown Volunteer Centre Access Request Policy which is available upon written request to: TheDevelopment Manager, Dun Laoghaire Rathdown Volunteer Centre,

C/O Southside Partnership, Old Post Office, 7, Rock Hill, Main Street, Blackrock, Co. Dublin.

8.4 Retention

Dun Laoghaire Rathdown Outreach Project has agreed that all records relating to Garda Vetting will be held by Dun Laoghaire Rathdown Volunteer Centre for a period of 6 months.

APPENDIX of Terms used in this policy

  • Authorised Signatory: this is the role that will be played by Dun Laoghaire Rathdown Volunteer Centre LTD.
  • The Designated Data Officer is the person in DUN LAOGHAIRE RATHDOWN OUTREACH PROJECT who will liaise with the Authorised Signatoryin Dun Laoghaire Rathdown Volunteer Centre Ltd on all matters pertaining to Garda Vetting.
  • The Garda Central Vetting Unit is the unit responsible for conducting Garda Vetting.
  • Garda Vetting This is the process by which Garda Central Vetting Unitdiscloses details regarding “ all prosecutions, successful or not, pending or completed, and /or convictions” in respect of an individual and with that individuals consent to their prospective employer and/or the organisations with which they wish to volunteer.
  • Natural Justice There are essentially two sections to the rule of Natural Justice, the first being derived from the Latin maximum “audi alteram partem” (let the other side be heard). This is the duty to allow persons affected by a decision to have reasonable opportunity of presenting their case. The second part of the rules of Natural Justice is derived from the Latin maxium “nema judex in causa sua” (no one can be the judge in his own case). This gives rise to a duty to act fairly, to listen to arguments, and to reach a decision in a manner that is untainted by bias. (NUI, Galway).
  • Restorative Justice Restorative justice is a victim- and community-oriented approach requiring the perpetrator to face up to the harm he or she has caused and repair or make good the damage done. Restorative justice puts the victim at the centre of the process.

Dun Laoghaire Rathdown Outreach Project / Garda Vetting Policy