Garda Vetting (Non-Statutory Arrangements)

Applicable until the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 is commenced

The purpose of Circular 0063/2010 Recruitment Procedures - Requirements for Garda Vetting is to set out the requirements for Garda vetting as part of recruitment procedures for all teaching and non-teaching positions.

What is Garda Vetting?

Vetting is conducted by the Garda Central Vetting Unit (GCVU). The function of the GCVU is to provide to a registered organisation a statement which gives details of all convictions and/or prosecutions, successful or not, pending or completed in relation to the applicant for vetting. Garda vetting does not provide clearance for persons to work with children. It simply provides the above information to the registered organisation. The Garda Central Vetting Unit does not liaise directly with individual applicants or schools. The GCVU issues the relevant disclosure only to an authorised person within a registered organisation for Garda vetting.

Can I appoint a person who refuses to be vetted?

No. Any person who refuses to be vetted cannot be appointed or engaged by the school in any capacity including in a voluntary role.

I have appointed a new teacher. Does he/she need to be Vetted?

All persons being appointed to teaching positions must be vetted prior to commencing employment unless they have already been vetted during the same or previous calendar year. The requirement for vetting applies in respect of all types of appointment of any duration including full-time, part-time and substitute positions. This requirement to be vetted applies at the time a teacher is commencing employment of any duration and includes those teachers who are changing employments e.g. moving between schools on transfer, redeployment etc.

Although not changing employer, teachers who are returning to work after a leave of absence of 2 or more years must also be vetted.

If a teacher has

  • transferred between schools that are part of the same ETB, or
  • is being re-employed by the same school authority provided there is no gap (other than school holidays) immediately prior to the re-employment and the teacher has been previously vetted for the initial employment with that school authority

the requirement to be vetted does not apply.

I am appointing a cleaner (non-teaching position). What is the vetting position?

All persons being appointed to non-teaching positions must be vetted prior to commencing employment unless they have already been vetted through the same registered organisation during the same or previous calendar year. In such cases the relevant registered organisation (e.g. diocesan office, management body etc.) will provide the school authority with a certified copy of the previous vetting outcome.

The requirement for vetting applies in respect of all types of appointment of any duration including full-time, part-time and substitute positions.

This requirement to be vetted applies at the time the person is commencing employment of any duration and includes those persons who are changing employments e.g. moving between schools etc.

Although not changing employer, any person who is returning to work after a leave of absence of 2 or more years must also be vetted.

However if

  • A person who transfers between schools that are part of the same ETB, or
  • A person who is being re-employed by the same school authority provided there is no gap (other than school holidays) immediately prior to the re-employment and the person has been previously vetted for the initial employment with that school authority.the requirement to be vetted does not apply.

the requirement to be vetted does not apply.

A member of public(eg parent) has offered to coach our childrens football? What is the vetting position?

Any other persons (non-employees) such as volunteers, sports coaches, etc. who have, or may have, unsupervised access to children or vulnerable adults must be vetted unless they have already been vetted within the previous 5 year period. This requirement to be vetted applies in respect of all such persons who have or may have unsupervised access to children or vulnerable adults and who, at the date of this circular or in the future, are engaged by the school in any such capacity. Vetting of these persons should, where possible, be done by the relevant sporting, voluntary or community organisation.

When should the vetting process commence?

Teachers who are seeking employment (including substitute work) and those teachers who are likely to be changing employment(s) should apply to the Teaching Council at least 3 months in advance so that their vetting can be arranged in a timely manner.

What is the role of school authorities in the vetting process?

It is the responsibility of the relevant school authority to have in place the necessary policy and procedures to ensure compliance with the requirements of Circular 0063/2010 Recruitment Procedures - Requirements for Garda Vetting.

The school authority must designate one person as a contact person for the purpose of liaising with the authorised signatory in relation to vetting applications on behalf of the school. The school contact person will usually be the chairperson of the board of management or the principal. The school authority should also designate a person to deputise for the contact person during his/her absence.

A key issue for a school authority is to determine whether any disclosure as a result of the vetting application would render a person unsuitable for employment/engagement by the school

The Teaching Council, in the context of registration, has guidelines for assessing vetting disclosures that have convictions and/or prosecutions pending. This guidance is available on the Teaching Council website and is an important source of reference for school authorities.

Who must complete the Statutory Declaration and Form of Undertaking at Appendix 2 of Circular 0063/2010?

As an additional safeguard, the child protection related Statutory Declaration at Appendix 2 must be provided to the school authority by all persons being appointed to teaching and non-teaching positions of any duration unless the person has previously provided the school authority with a statutory declaration which was made during the same or previous calendar year. The school authority must obtain and view the original statutory declaration and retain a copy of it for its own records. A Statutory Declaration is regarded as valid if made in the same or previous calendar year and therefore may be retained by the applicant for use in other employments as required.

In addition, an associated undertaking (which is specific to the employing school) must be signed by all persons prior to appointment to any teaching or non-teaching position of any duration. For administrative ease, the Department's payroll appointment forms will incorporate this undertaking. However, for any appointment (teaching or non-teaching) that does not require completion of a payroll appointment form, the Form of Undertaking at Appendix 2 must be completed by the prospective appointee prior to commencing employment. A Form of Undertaking is regarded as valid for other appointments to the same school if signed within the same or previous calendar year. The Form of Undertaking must be retained by the school authority.

The above requirements to provide a statutory declaration and associated undertaking apply in respect of all types and duration of employment (e.g. full-time, part-time, substitute etc.).

Where can I get a Garda Vetting Form?

Teachers - contact the Teaching Council

Non-teaching staff - contact the Board of Management in your school.

My question is not answered here. Where can I find more information?

See Circular 0063/2010 Recruitment Procedures - Requirements for Garda Vetting.