We're continuing our dive into the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 – 2016. There are three Schedules to the vetting legislation. In today’s essay, we look at Schedule 1.
The Schedules exist for one main purpose. People and organisations carry out a wide range of work and activities with children. They do the same with vulnerable persons. The Schedules to the legislation let the reader know if that work triggers vetting (or not). You can think of the Schedules as a checklist.
Schedule 1 is split into two parts. Part 1 deals with ‘relevant work or activities relating to children’. Part 2 deals with ‘relevant work or activities relating to vulnerable persons’.
In our last essay we looked at the last sections of the main body of the vetting legislation, sections 31 & 32. Section 31 deals with transitional vetting arrangements, and section 32 with fees.
There are three more important areas to the vetting legislation.
The names of these three extra areas are 'Schedules' to the legislation.
WHAT IS A "SCHEDULE"?
Is a "Schedule" part of the vetting legislation? Good question. The answer: yes, the Schedules are part of the vetting legislation. (Don't imagine that, because the Schedules are at the back, that they're unimportant. They are important).
NAMES OF THE SCHEDULES
- The name of the first schedule is, perhaps unsurprisingly, Schedule 1.
- The name of the second schedule is - see the pattern here? - Schedule 2.
- The name of the third schedule is - yep, you guessed it - Schedule 3.
Schedule 1
Schedule 1 splits into two parts: Part 1, and Part 2.
- The title of Part 1 of Schedule 1 is "Relevant Work or Activities Relating to Children".
- The title of Part 2 of Schedule 1 is "Relevant Work or Activities Relating to Vulnerable Persons".
Schedule 2
The title of Schedule 2 is "Organisations Required to Notify Specified Information to Bureau".
We will explore Schedule 2 in a future essay.
Schedule 3
The title of Schedule 3 is "Excluded Offences for Purposes of Section 14A".
We will explore Schedule 3 in a future essay.
So what we're looking at is: 3 "Schedules" with Schedule 1 split into two separate parts.
In this essay we’re going to look at Schedule 1 (Part 1 (Children) and Part 2 (Vulnerable persons).
SCHEDULE 1: PART 1 (CHILDREN)
Relevant Work or Activities Relating to Children
- Part 1 of the first Schedule divides into 15 sections.
- Each section of Schedule 1 describes a different type of work, or activity.
- Each of these sections are a "Relevant Work or Activity 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—
PRE-REQUISITES FOR THE WORK / ACTIVITY
- Work or activity
- 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:
PRE-SCHOOL SERVICES
S.1(a) an establishment which provides pre-school services within the meaning of Part VII of the Child Care Act 1991,
Part VII of the Child Care Act, section 49, says that “pre-school service” means any pre-school, play group, day nursery, creche, day-care or other similar service which caters for pre-school children, including those grant-aided by health boards;
SCHOOLS AND CENTRES OF EDUCATION
1(b) a school or centre of education, both within the meaning of the Education Act 1998, http://sumo.ly/zdgx
HOSPITAL OR HEALTH CARE CENTRES
1(c) any hospital or health care centre which receives, treats or otherwise provides services to children,
STATE-FUNDED NON-STATE RESIDENTIAL SERVICES
1(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,
SPECIAL CARE UNITS FOR CHILDREN
1(e) a special care unit provided and maintained in accordance with section 23K of the Child Care Act 1991
You can access section 23K of the Child Care Act 1991 by clicking here.
http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/EN_ACT_1991_0017.PDF
CHILD DETENTION SCHOOLS/CENTRES
1(f) a children detention school within the meaning of section 3 of the Children Act 2001
Under section 142 of the Children Act 2001 - A court may... by order (in this Part referred to as a “children detention order”) impose on a child a period of detention in a children detention school or children detention centre specified in the order.
ASYLUM SEEKER ACCOMMODATION OR RECEPTION CENTRES
1(g) a reception or accommodation centre which provides residential accommodation services to applicants for asylum under contract to the Department of Justice and Equality.
HOME TUITION SCHEME
2. 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.
This is a government funded scheme, details here. The purpose of this Home Tuition Scheme is to provide a compensatory educational service for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme also provides a compensatory educational service for children with special educational needs seeking an educational placement. Provision is also made for early educational intervention for children with autism.
TREATMENT, THERAPY, COUNSELLING
3. 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.
CARE OR SUPERVISION OF CHILDREN
4. Any work or activity which consists of care or supervision of chil- dren unless the care or supervision is merely incidental to the care or supervision of persons who are not children.
PROVIDING ACTIVITIES ~ EDUCATIONAL, TRAINING, CULTURAL, RECREATIONAL, LEISURE, SOCIAL, PHYSICAL
5. 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.
ADVICE, GUIDANCE, DEVELOPMENTAL SERVICES (INCLUDING ELECTRONICALLY) TO CHILDREN
6. Any work or activity which consists of the provision of advice, guidance or developmental services (including by means of elec- tronic interactive communications) to children unless the pro- vision of the advice, guidance or developmental service is merely incidental to the provision of those services to persons who are not children.
ADVANCEMENT OF RELIGIOUS BELIEFS
7. Any work or activity as a minister or priest or any other person engaged in the advancement of 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.
Note that the phrase “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” was substituted on 29th April 2016 by the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s.27(a), S.I. No. 215 of 2016.
DRIVING A PUBLIC SERVICE VEHICLE FOR CHILDREN
8. Work as a driver of a public service vehicle which is being used only for the purpose of conveying children.
PROVIDING ACCOMMODATION (FOR CONSIDERATION) TO A CHILD (NOT YOUR OWN) IN YOUR HOME
9. The provision by a person, whether or not for commercial or other consideration, of accommodation for a child in his or her own home.
THIRD LEVEL RESEARCH CONTACT WITH / ACCESS TO CHILDREN
10. 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.
A PERSON APPLYING TO RUN STATE-FUNDED NON-STATE RESIDENTIAL SERVICES
11. Any application by a person to carry on or manage a designated centre within the meaning of section 2 of the Health Act 2007.
A PERSON APPLYING FOR A CERTIFICATE OF ELIGIBILITY TO ADOPT
12. Any application by a person for a declaration of eligibility and suitability within the meaning of section 3 of the Adoption Act 2010.
Under section 3 of the Adoption Act 2010, “ declaration of eligibility and suitability ” means a declaration issued by the Authority under section 40”.
Section 40. of the Adoption Act 2010 provides that— (1) The Authority may issue a declaration of eligibility and suitability in favour of a person or a married couple married to each other who have applied under this Act to the Authority for, as may be appropriate, an adoption order, or the recognition of an intercountry adoption, in relation to a child habitually resident (subject to certain conditions being met).
You can access section 40 of the Adoption Act 2010 by clicking here.
A PERSON APPLYING TO BECOME A FOSTER CARER
13. Any assessment of a person’s suitability to act as a foster carer by or under section 39 of the Child Care Act 1991.
You can access section 39 of the Child Care Act 1991 by clicking here.
A RELATIVE APPLYING TO BECOME A CARER OF A CHILD
14. Any assessment by or under section 41 of the Child Care Act 1991 of a person’s suitability to act as a carer of a child in respect of whom he or she is a relative.
You can section 41 of the Child Care Act 1991 by clicking here.
MEDICAL AND HEALTHCARE PROFESSIONALS
15. 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).
SCHEDULE 1: PART 2 (VULNERABLE PERSONS)
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—
PRE-REQUISITES FOR THE WORK / ACTIVITY
- Work or activity
- 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:
PRE-SCHOOL SERVICES
1(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,
SCHOOLS AND CENTRES OF EDUCATION
1(b) any hospital or care centre which receives, treats or other- wise which provides services to vulnerable persons,
HOSPITAL OR HEALTH CARE CENTRES
1(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,
FACILITY FOR PERSONS SUFFERING FROM MENTAL ILLNESS
1(d) an approved centre within the meaning of Part 5 of the Mental Health Act 2001.
Section 62 (Part 5) says that “centre” means a hospital or other in-patient facility for the care and treatment of persons suffering from mental illness or mental disorder. Part 5 of the 2001 legislation can be accessed by clicking here.
TREATMENT, THERAPY, COUNSELLING
2. 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.
CARE (INCLUDING HEALTH, SOCIAL, DOMESTIC SERVICES) OR SUPERVISION OF VULNERABLE PERSONS
3. 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 vulner-able persons.
PROVIDING ACTIVITIES ~ EDUCATIONAL, TRAINING, CULTURAL, RECREATIONAL, LEISURE, SOCIAL, PHYSICAL
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 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.
ADVICE, GUIDANCE, DEVELOPMENTAL SERVICES (INCLUDING ELECTRONICALLY) TO VULNERABLE PERSONS
5. Any work or activity which consists of the provision of advice, guidance or developmental services (including by means of elec- tronic 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.
DRIVING A PUBLIC SERVICE VEHICLE FOR VULNERABLE PERSONS
6. Work as a driver of a public service vehicle which is being used only for the purpose of conveying vulnerable persons.
ADVANCEMENT OF RELIGIOUS BELIEFS
7. Any work or activity as a minister or priest or any other person engaged in the advancement of any religious beliefs.
Note that the phrase “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” was substituted on 29th April 2016 by the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s.27(a), S.I. No. 215 of 2016.
PROVIDING ACCOMMODATION (FOR CONSIDERATION) TO A CHILD (NOT YOUR OWN) IN YOUR HOME
8. 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.
THIRD LEVEL RESEARCH CONTACT WITH / ACCESS TO VULNERABLE PERSONS
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 vulnerable persons.
APPOINTMENT OF A PERSON AS CARE REPRESENTATIVE
10. Any assessment of a person’s suitability to act as a care representative under section 21 of the Nursing Homes Support Scheme Act 2009.
The 2009 Nursing Homes legislation can be accessed by clicking here.
A PERSON APPLYING TO RUN STATE-FUNDED NON-STATE RESIDENTIAL SERVICES
11. Any application by a person to carry on or manage a designated centre both within the meaning of section 2 of the Health Act 2007.
MEDICAL AND HEALTHCARE PROFESSIONALS
12. 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).
SUMMARY
There are three Schedules to the vetting legislation. In today’s essay we looked at Schedule 1. Schedule 1 is split into two parts. Part 1 deals with ‘relevant work or activities relating to children’. Part 2 deals with ‘relevant work or activities relating to vulnerable persons’.
The Schedules exist for one main purpose. People and organisations carry out a wide range of work and activities with children. They do the same with vulnerable persons. The Schedules to the legislation let the reader know if that work triggers vetting (or not). You can think of the Schedules as a checklist.
This essay is for general information and guidance purposes only and, just to be clear, does not constitute legal or other professional advice.
You should always seek your own specific legal advice, from a firm of solicitors, on the application of the law in a situation.
Whilst we used reasonable endeavours to ensure the accuracy of this content, we do not accept any liability for any omissions or errors; or for any action taken in reliance of the information in this essay.
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