Retrospective Vetting of Employees

Last updated: Fri, Jun 23rd, 2017 11:18:45 am

Until February 0f 2017 schools were not required to obtain vetting disclosures in respect of existing employees, volunteers, sports coaches etc. who undertake relevant work or activities in the school under contracts of employment or other arrangements that were in place prior to 29 April 2016.

Section 21 of the Vetting Act has now been activated under which a relevant organisation (which includes a school authority) is obliged to ensure that a vetting application is made in respect of individuals currently employed, contracted or permitted by it to undertake relevant work or activities with children or vulnerable persons, where those individuals have never previously been Garda vetted. Such vetting is referred to as a “retrospective vetting”. The Minister for Justice and Equality has prescribed that retrospective vetting applications must be made before 31 December 2017.

The Vetting Act provides that where a relevant organisation (which includes a school authority) fails, without reasonable excuse, to comply with the Act’s retrospective vetting requirements it is a criminal offence punishable by a fine of up to €10,000 or a prison term of up to 5 years or both

Further information in relation to the retrospective vetting requirements is set out in Circular 0016/2017 and in CL 0016/2017 Frequently Asked Questions. This includes information in relation to who needs to be retrospectively vetted and the practical arrangements that are in place to support such vetting.