Vetting Policies & Procedures

B.6      Vetting Policies & Procedures

Introduction

In January 2013 the Government passed the “National Vetting Bureau (Children and Vulnerable Persons) Bill 2012”. This legislation makes it an offence under the act to knowingly employ / deploy someone to work with children or vulnerable adults who has not been Garda vetted.

The Act provides a legislative basis for the mandatory vetting of persons who wish to undertake certain work or activities relating to children or vulnerable persons or to provide certain services to children or vulnerable persons.

An organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation unless the organisation received a vetting disclosure from the National Vetting Bureau in respect of that person.

In accordance with Section 8 of the Act the ICRF has been recognized as being a ‘relevant organization’ and has been place on the ‘register of relevant organizations’. The Act goes on to define ‘relevant work’ as being:

“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”.

(Schedule 1: Part 1 (5))

The National Vetting Bureau has set up a “Frequently Asked Questions” section on their website,

https://vetting.garda.ie/Help/FAQ

The information below indicates the ICRF’s policy with respect to Garda Vetting and our provision of vetting services to our affiliated associations.

(All references to affiliated associations includes each respective associations affiliated clubs)

 

 

Garda Vetting (vetting) is available through the ICRF. The aim is to assist in the recruitment of suitable candidates to positions within the ICRF and Associations. The system has been structured in order to:

• Protect children and vulnerable persons.
• Identify if candidates for a position or role have convictions or have been prosecuted for crimes which may mean that they are unsuitable for the position.
• Protect the rights of the candidates.
• Protect ICRF affiliated associations.

What is vetting?

Vetting identifies if the Gardaí have on their national database, details of convictions or specified information relating to the applicant.

This information is then passed to the ICRF nominated person who reviews it and decide if any of it makes the applicant unsuitable to take up a role where they will be in contact with children or vulnerable persons.

Vetting processed by the ICRF does not assess a candidates suitability, or otherwise, for any other role.

Garda Vetting Forms

The vetting form to be used are:

1)        NVB 1 Form;

2)        ICRF Vetting Application ID Form – Mandatory;

3)        Parent / Guardian Consent Form (NVB 3) – for persons under 18 years of age.

1. Garda Vetting I.D. Verification & Proof of Identity (Mandatory)

When conducting Garda Vetting the Irish Coastal Rowing Federation is required to seek proof of identity from each applicant.

Each Garda Vetting Application Form (NVB 1) must be accompanied by the ICRF Vetting Application ID Form signed by the Designated Person signed by the Child Welfare Officer of the applicants Club.

 

 

2. Vetting Form (NVB 1) – (Mandatory)

This form must be completed by the Applicant.

Guidelines for completing are listed on Page 1 of the application form.

Best Practice:         The completed Vetting Form should be placed in a sealed envelope by the applicant and sent directly to Charlie Dayman, 7 Tredinock, Arklow, Co. Wicklow marked Private & Confidential together with the completed I.D. Verification & Proof of Identity form.

You must include:             Copies of your driver’s license, passport and utility bill. These must be signed by the clubs Designated Officer.

3. Parent / Guardian Consent Form (NVB 3) – (For persons under 18 years of age)

Persons under 18 years of age may be Garda Vetted. This form must be completed by the applicant’s Parent/Guardian and attached to the Vetting Form

Who is a Designated Person?

Designated Person:                      The ICRF recommends that each affiliated Association and Club appoint one of the following as the Designated Person

Child Welfare Officer, Secretary, Treasurer or Chairperson.

Designated Persons cannot sign on behalf of their spouses.

Role of Designated Person:       To authenticate the documentation received and verify that the forms presented belong to the person applying for Garda Vetting.

The Designated Person should only sign the form if confident that the information verifies the identification of the person and meets the 100 point check.

 

 

What is the 100 Point check?

The 100 point check is a personal identification system developed to support organisations in verifying identity including date of birth and current address of those applying to be Garda Vetted as required. When conducting Garda Vetting, associations should require vetting subjects to present identification totalling 100 points to ensure they are checking the correct person. At least one form of photographic evidence and one separate proof of current residential address must be gathered.

Identification may be confirmed with sight of the Original of ONE of the following:

• Irish Driving License or Learner Permit (new credit card format) 80 points;

OR

• Passport (from country of citizenship) 70 points.

AND

• Utility bill (must not be less than 6 months old. Printed online bills are acceptable. Mobile phone bills are not acceptable) 35 points;

OR

• Birth Certificate 50 points;

OR

• National age card (issued by An Garda Síochana) 25 points;

OR

• Written statement by a principal confirming attendance at educational institution on a letter head of that institution 100 points.

Photocopies of the documents seen must be attached, and verified, to the Proof of Identity Form.

A full list of alternative acceptable forms of identity and the points they carry is available on the National Vetting Bureau’s Website: https://vetting.garda.ie/Help/FAQ  –  Verification of Identity .

 

 

How is vetting carried out?

1)        The applicant completes the Garda Vetting Form (NVB 1)

2)        The applicant completes the Garda Vetting I.D. Verification & Proof of Identity Form

3)        The applicant gets the Proof of Identity Form verified by a Designated Person

4)        The form and the relevant attachments are then sent to the ICRF Liaison

5)        The ICRF checks and logs all the forms and sends them onto the Donegal Volunteer Centre who processes them and updates the NVB database

6)        The NVB database will email each applicant with log in details to complete the NVB 2 form

7)        Applicants have 30 days to complete the NVB 2 form

8)        The NVB 2 form is emailed to the Donegal Volunteer Centre for final processing. Make sure you provide all address information.

9)        Disclosures relating to Conviction or Specified Information will be emailed directly to the applicant who has 15 days to lodge a query

10)      The NVB will identify any convictions and/or Specified Information. Should the NVB identify any aspect of ‘Specified Information’ the NVB will contact the applicant directly and seek approval to inform the ICRF of such information (see below)

11)      The NVB send the results of vetting to the Donegal Volunteer Centre who forwards to the ICRF Liaison

12)      The ICRF sends each applicant the results

13)      Where appropriate the ICRF sends the results to the Designated Person in each club.

(Pursuant to Section 19 of the Act ‘Specified Information’ is deemed to be information that is ‘considered to give rise to a bona fide concern that the vetting subject may harm, attempt to harm or put at risk a child or vulnerable person or both.’)

The Act goes on to state that…..’If such information is going to be disclosed to a relevant organisation relating to one of their applicants, the Chief Bureau Officer must, in advance, notify the vetting subject of the intention to disclose the information’.

An applicant who is in receipt of a notification to disclose specified information to the ICRF has 14 days from the date of receipt of the notification to appeal the decision. All appeals must be submitted in writing to the Chief Bureau Officer at the National Vetting Unit.

How are vetting applications made and processed?

Individuals must fill in the ICRF Vetting Forms forms and submit these to the ICRF.

The ICRF checks the forms and forwards them onto the Donegal Volunteer Centre. Applications for Garda Vetting may only be submitted through organisations, like the ICRF, who are registered with the National Vetting Bureau. The NVB will not process applications made directly to them from individuals or organisations not registered with them.

Once the ICRF receives information from the NVB information is reviewed and an assessment as to whether it makes a candidate unsuitable to work with children or vulnerable persons. The criteria used are published below.

Guidelines for ICRF personnel processing returned vetting applications (see below).

General Policy on Convictions

The ICRF will exercise its discretion when deciding whether to allow a person who has a criminal record to act as a volunteer*. Each application will be decided according to these guidelines and against such other criteria as the ICRF deems relevant to an application. A person with conviction(s) will not always be prohibited from working as a volunteer.

(*volunteer: for the purpose of this section any and all references to ‘volunteer’ means reference to a coach, trainer, cox or any applicant working with children or vulnerable persons)

In deciding whether to approve an applicant the ICRF will take the following into account:

• category and seriousness of the offence(s) involved
• the conduct constituting the offence(s)
• the sentence(s) imposed
• the length of time since completion of sentence
• disclosure of the offence(s) by the person
• overall interests of the public good
• age of person when offence(s) was committed
• record of re-offending
• conduct of person before and after offence
• evidence of rehabilitation

 

The following guidelines are used by the ICRF when deciding whether to allow a person with a conviction(s) to volunteer with a club. The ICRF is not bound by these guidelines and may, where it deems the conviction(s) renders an applicant unsuitable to volunteer refuse an application for an indefinite period.

Cases awaiting Trial

This matrix should be considered as a guide only and the ICRF is not bound by the matrix in reaching a determination though it will form a factor under which the fit and proper condition is applied.

The “Period Since Court Outcome Expired” is determined as follows:

• In the cases of a custodial sentence the day when the full sentence has expired (not the date of release).
• In the case of a suspended sentence the day when the period of suspension expires.
• In the case of a non-custodial sentence the day the sentence was imposed.

In the case of multiple convictions, the period since court outcome expired is extended by:	a minimum of 1 year for 3 or less convictions
	a minimum of 2 years for more than 4-6 convictions
	a minimum of 3 years for more than 7-10 convictions
	a minimum of 4 years for more than 10 convictions

Multiple Convictions Matrix

Period since court outcome expired

Multiple Convictions (3 or less)	0-3 Years	3-6 Years	6-9 Years	9-12 Years	12+ Years
Multiple Convictions (4-6)	0-4 Years	4-7 Years	7-10 Years	10-13 Years	13+ Years
Multiple Convictions (7-10)	0-5 Years	5-8 Years	8-11 Years	11-14 Years	14+ Years
Multiple Convictions (more than 10)	0-6 Years	6-9 Years	9-12 Years	12-15 Years	15+ Years

Where there are charge(s) pending for offence(s) against an prospective volunteer and where a conviction for same would render the applicant unsuitable to volunteer the ICRF will reject the application and advise the applicant to lodge a new application when the case has concluded.

Where there are charge(s) pending for offence(s) against a volunteer the ICRF may suspend the volunteer until the outcome of the court case is known.

Probation and Community Service Orders

Where an applicant to volunteer has been subject to the conditions of the Probation Act or receives a Community Service Order, the ICRF will consider the category of the offence before deciding whether to allow a volunteer in the organization.

All Other Sentences Including Custodial, Suspended and Fines

The following conditions shall apply to custodial sentences, suspended sentences and fines. Where an applicant to volunteer has been convicted of an offence and receives a custodial sentence, suspended sentence or fine, the ICRF will consider the sentence against the Fit and Proper Matrix set out on the following page.

Fit and proper matrix

Category of conviction	Period Since Court Outcome Expired
	0-2 Years	2-5 Years	5-8 Years	8-11 Years	11+ Years
Offences of Sexual, Physical or Emotional Abuse Against Children or Child Pornography	Unlikely	Unlikely	Unlikely	Unlikely	Unlikely
Murder	Unlikely	Unlikely	Unlikely	Unlikely	Consider
Sexual Offences Against or Involving Adults	Unlikely	Unlikely	Unlikely	Unlikely	Consider
Offences Against The State	Unlikely	Unlikely	Unlikely	Unlikely	Consider
Treason	Unlikely	Unlikely	Unlikely	Unlikely	Consider
Drug (Trafficking / Supply)	Unlikely	Unlikely	Unlikely	Unlikely	Consider
Manslaughter	Unlikely	Unlikely	Unlikely	Consider	Consider
Drug (Misuse)	Unlikely	Unlikely	Consider	Consider	Consider
Non Fatal Offences Against a Person or Persons	Unlikely	Unlikely	Consider	Consider	Consider
Offences Involving Offensive Weapon Possession	Unlikely	Unlikely	Consider	Consider	Likely
Road Traffic Offences (Use of Vehicle In Commission Of a Crime)	Unlikely	Unlikely	Consider	Likely	Likely
Offences Under The Defence Act(s)	Unlikely	Consider	Consider	Consider	Consider
Offences Involving Fraud	Unlikely	Consider	Consider	Likely	Likely
Offences Involving Damage To Property	Unlikely	Consider	Consider	Likely	Likely
Offences Involving Theft	Unlikely	Consider	Consider	Likely	Likely
Road Traffic Offences (Hit and Run Offences)	Unlikely	Consider	Consider	Likely	Likely
Road Traffic Offences (Outcome: Other)	Consider	Consider	Consider	Likely	Likely
Public Order and Anti-Social Behaviour Offences	Consider	Consider	Likely	Likely	Likely
Road Traffic Offences (Outcome: Fine Only)	Consider	Likely	Likely	Likely	Likely
Offences Not Falling In To The Above Categories (Outcome: Fine Only)	Consider	Consider	Likely	Likely	Likely
Offences Not Falling In To The Above Categories (Outcome: Other)	Consider	Consider	Consider	Likely	Likely

Who can access vetting?

ICRF vetting may be accessed by individuals who are members of the ICRF or its affiliated Associations.

Who can be vetted?

Only persons who are currently living in Ireland with a current Irish postal address.

Cost:

The cost of each application is €7.50. Cheques / postal orders to be made payable to the ICRF.

Who should be vetted?

Persons who wish to undertake certain work or activities relating to children or vulnerable persons, or to provide certain services to children or vulnerable persons more than four times in any month or overnight.

All ICRF Associations running activities for children or vulnerable persons must have in place a policy stating who must be vetted and when. This would normally form part of the Associations overall Code of Ethics policy.

As a guide, people in the following positions within ICRF affiliated Associations should be vetted and a statement to that effect should be included as part of their respective Code of Ethics policy.

• Designated Officers
• Clubs’/Associations’ Children’s Officers
• Junior Organisers
• Youth Team Managers
• Coxes coxing junior crews
• Staff and volunteers leading or working on activities or sessions where they will have contact with children or vulnerable persons more than four times in any month or overnight
• Instructors/trainers and coaches running activities for children or vulnerable persons *

Vetting Persons Under 18 Years of Age

Section 13(6) of the Act provides for vetting of persons under 18 years of age.

The Act states that if a person in respect of whom an application for a vetting disclosure is made is under 18 years of age, a declaration of consent (Parent/Guardian Consent Form) is completed on his or her behalf by a parent or guardian of the person.

What is done with the information received?

The National Vetting Bureau informs the Donegal Volunteer Centre by post who subsequently inform the ICRF by post of the results of each vet. This information is kept in a secure location to which only the ICRF Child Protection Officer/NVB Liaison person has access.

The ICRF will not send the results of a vetting disclosure to anyone except the applicant.

Each application is logged on the ICRF database. No information relating to the application or disclosure is recorded other than;

• The date the application was sent onto the Donegal Volunteer Centre by the ICRF
• The date the application was received back into the ICRF office from the Donegal Volunteer Centre
• The result of the Vet (Positive or Negative).