1st December 2004
205. Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will consider expunging the criminal records of women convicted of prostitution and other sex trade-related offences as part of a process to encourage women to take an exit route out of the sex trade; and if he will make a statement on the matter. [31729/04]
Minister for Justice, Equality and Law Reform (Mr. McDowell): A criminal conviction, whether minor or otherwise, reflects a verdict of the courts. There is currently no provision for expunging a criminal conviction from the Garda criminal records. With the introduction of the Children Act 2001, provision was made for a limited "wiping of the slate" in respect of most offences committed by persons under 18 years of age once certain conditions have been met. This provision, which came into operation on 1 May 2002, limits as far as possible the effects of a finding of guilt, where those conditions have been met, by treating the person for all purposes in law as a person who has not committed, been charged with, prosecuted for, found guilty or dealt with for an offence. The second programme of the Law Reform Commission for the period 2000-07 proposes, as part of an examination of the law on privacy, to consider longevity of criminal records and expunging of certain offences from the records. I will consider any recommendations which the Law Reform Commission may make on the matter.
Respect for rights in the penal system with prison as a last resort.