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The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019
This instrument amends the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (“the 1979 Order”) to give effect to changes to a criminal record ‘filtering scheme’ that allows some old and minor spent convictions to be ‘filtered, so that they are no longer disclosed and cannot be taken into account in employment decisions in certain circumstances. The 1978 Order makes it possible for certain convictions to become “spent”, which means that after a specified period a person can be treated for certain purposes as if the conviction had never happened and they need not, for example, tell an employer about the conviction when applying for a job.
To ensure that the public is adequately protected, however, certain exceptions to the 1978 Order are set out in the 1979 Order so that, for specified professions and occupations that typically involve a high degree of trust and often involve vulnerable persons, applicants must declare all past convictions when asked. The 1979 Order is amended periodically to ensure that the access to the criminal record disclosure regime keeps pace with changes in public risk; to ensure that disclosure regimes remain consistent across jurisdictions where appropriate; and to maintain the public trust and protection process.
This Order, the Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern Ireland) 2019 (“the 2019 Order”), stems from a Supreme Court judgment, which ruled that elements of the criminal record ‘filtering scheme’ operated by the Department of Justice were disproportionate. The ‘filtering scheme’ was established in 2014 following a review of the criminal records regime in Northern Ireland that was carried out by Sunita Mason during 2011, which recommended that the Department of Justice should filter old and minor convictions from standard and enhanced criminal record certificates; and to take account of the findings of two court cases concerning the disclosure of criminal record material at that time.
The terms of the scheme are that a conviction can be filtered after a period of 11 years (or 5.5 years for those under 18 at the time of the conviction), so long as the conviction was not for a specified offence as listed in the 1979 Order (e.g. serious violent and sexual offences; or offences of specific relevance for posts concerned with safeguarding children and vulnerable adults; etc.); did not attract a custodial sentence; and if there is no other conviction on the individual’s record.
The Supreme Court found that limiting the filtering scheme to a single offence, with the result that more than one old and minor conviction would be disclosed automatically, was disproportionate. The Department has, therefore, adjusted the terms of the scheme to allow more than one offence to be filtered in order to comply with the judgment.
The 2019 Order gives effect to this change by amending the 1979 Order to remove Article 1A(2)(c), which restricted the terms of the filtering scheme to a single conviction. The Department is satisfied that public protection is maintained, however, as the remaining elements of the filtering scheme will continue to ensure that there is no increased risk to the public as a result of this change.
Flexible Working: The Right to Request and Duty to Consider
Under provisions set out in the Employment Rights (Northern Ireland) Order 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly.
Arbitration services
Those who have submitted a tribunal claim will also be offered access to the Labour Relations Agency’s Arbitration Scheme which offers a quick, non–legalistic, less formal, confidential and more cost effective alternative to a tribunal hearing.
The Transposition into Ireland and NI of the European Directives on Fixed Term Work and Working Time
This report has been prepared by Marguerite Bolger and Barry Fitzpatrick for the Labour Relations Commission and the Labour Relations Agency. It contains an examination of the transposition in Ireland and Northern Ireland of the Fixed Term Work Directive and the Working Time Directive, together with analysis of relevant case law.
Sharp rise in redundancy enquiries to the Labour Relations Agency
Our Workplace Information Service have observed a notable surge in enquiries from both employees and employers regarding redundancy.
Jury service
Jury service is a public duty.
404 The Disability Discrimination Code of Practice (Duties of Trade Organisations to their disabled members and applicants) (Appointed Day) Order (Northern Ireland) 1999
The appointed day for the commencement of this Code is 1/10/99 and as such enacts sections 13-15 of the Disability Discrimination Act 1995.
LRA launches Flexible Future 24 Conference
Contemporary flexible working practices, and their potential to power productivity and a more inclusive labour market will be the focal point of the Labour Relations Agency’s upcoming annual conference.
Joint Newsletter between the Labour Relations Agency and the Equality Commission for Northern Ireland July 2011
July 2011
Welcome to the first joint newsletter publication between the Labour Relations Agency and the Equality Commission on developments in employment and equality law. This is the first pilot newsletter between the two organisations and we hope that all of our website visitors find it useful.
Redundancy pay
The statutory redundancy payment scheme aims to ensure that people who are dismissed through no fault of their own receive compensation. Employees who meet certain requirements are statutorily entitled to a lump sum from their employer.