The High Court has held that key provisions of Ireland's Garda vetting legislation are unconstitutional because people can be kept unaware of serious information recorded about them for an indefinite period.
Mr Justice Barr made the finding in proceedings brought by two serving gardaí, identified as Garda C and Garda L. The case arose from their involvement in the arrest of a juvenile following a high-speed pursuit in November 2018.
A complaint concerning the force used during the arrest was investigated by the Garda Síochána Ombudsman Commission. GSOC later referred information about both officers to the Garda National Vetting Bureau under the National Vetting Bureau Act 2012. The officers were told that information had been referred, but not what it said.
The DPP subsequently directed that there should be no prosecution. GSOC also decided not to pursue a disciplinary investigation. The officers sought removal or correction of the vetting information, but GSOC and Garda authorities refused.
Barr J rejected several of their statutory arguments. He held that GSOC had not acted prematurely in making the referral and that the Chief Bureau Officer was not required to assess the information when it first arrived. He also found that the later decision not to prosecute did not automatically make the original information inaccurate.
However, the judge held that sections 10, 15 and 19 of the 2012 Act breached constitutional rights because they provided no mechanism for a person to see and challenge specified information while it remained on the register. He said information suggesting someone may pose a risk to children or vulnerable adults was highly serious and its indefinite retention engaged rights to fair procedures, privacy and good name.
The court also found the same provisions incompatible with Article 8 of the European Convention on Human Rights.
It did not order the information removed or disclosed, because the court itself did not know its contents and could not rewrite the legislation. Final orders and costs were left for further submissions.