Garda Vetting for Employers in Ireland: What the National Vetting Bureau Act Covers

Garda vetting employers need to understand is not a general background check. It is a statutory process run by the National Vetting Bureau under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016, and it applies to work with children or vulnerable persons. This guide explains, from official sources, what the Acts cover, who is a "relevant organisation", and what employers in Dublin and elsewhere in Ireland should and should not assume.

It is general information, not legal advice. Where a source does not say something, we say so rather than fill the gap. Because disclosures contain information about criminal records, data protection is also relevant when handling them; our guide to GDPR staff training for employers is a good starting point for the training side.

What Garda vetting is

An Garda Siochana describes Garda vetting as the background-checking process run by the National Vetting Bureau, which supports the mandatory vetting of people who do certain work or activities with children or vulnerable persons, or who provide certain services to them. The Garda page does not show a last-updated date; its footer reads 2025.

Citizens Information (page edited 27 February 2024) says vetting checks whether a person working or volunteering with children or vulnerable adults has a criminal record or other history that could pose a risk to them. It also makes clear that vetting is separate from a Police Certificate, which Gardai issue for purposes such as applying for a foreign visa.

Which organisations are covered?

The Act, as enacted on the Irish Statute Book, defines a "relevant organisation" as a person (including a body corporate or unincorporated body) who employs people to do relevant work, contracts with them or permits them to do it. The definition also reaches, among others, employment agencies. Relevant work is work relating to children or vulnerable persons as set out in Schedule 1 to the Act. A child is a person under 18. A vulnerable person is a person other than a child with a mental disorder, intellectual disability or physical impairment or disability that restricts their capacity to guard against harm or requires help with daily living activities.

The Garda background page says the work must be one where a necessary and regular part consists mainly of the person having access to children or vulnerable adults. The enacted Schedule 1 lists categories of relevant work including:

• pre-school services, schools and education centres;
• hospitals and health centres that treat children or vulnerable persons;
• residential care;
• treatment, therapy or counselling;
• care or supervision, educational, recreational and similar activities, and advice, guidance or developmental services for children;
• religious ministry involving children or vulnerable persons.

Citizens Information gives the relevant sectors as childcare, schools, health services, residential accommodation, treatment or counselling, leisure and sports services, and religious services, and says staff, contractors, agency workers, volunteers, students and apprentices can be covered.

What the Act requires of the organisation

The enacted text of section 12 says a relevant organisation must not employ a person for relevant work, contract with them for it, or permit them to do it, unless the organisation receives a vetting disclosure from the Bureau in respect of that person. Contravening that provision is an offence, and the Act provides penalties. The enacted text also gives a defence where the accused neither knew nor could reasonably be expected to know that the work was relevant work. This is the 2012 enacted text, and the Acts have since been amended, so check the current revised text before relying on specific penalty wording.

The Act also excludes some situations. As enacted, it does not apply to relevant work done within a family relationship, work done in a personal friendship for no commercial consideration, or occasional unpaid help at a school, sports or community event, unless that help includes coaching, mentoring, counselling, teaching or training.

Registering and applying

Citizens Information says vetting is carried out only for organisations registered with the Bureau, which must appoint an authorised liaison person to handle disclosures. Individuals cannot request vetting on a personal basis, and self-employed people can apply only through a relevant organisation. The Garda page does not explain how an organisation registers; it points applicants to the National Vetting Bureau website and says applicants are invited to apply by the Registered Organisation.

The process, according to the Garda page and Citizens Information:

• The applicant must be over 16, have a valid email address and internet access, and complete proof of identity.
• Applicants aged 16 to 18 need a signed parent or guardian consent form.
• The organisation invites the applicant to apply via eVetting, or uses a paper form.
• The Bureau sends the disclosure to the organisation. Where it contains criminal record or specified information, the Act requires the organisation to make a copy available to the person.

The eVetting service states a five-day turnaround for 80 per cent of applications received through the system, according to the Garda page. It does not give a timeframe for paper applications.

What a disclosure contains and how to use it

Citizens Information says a disclosure sets out any convictions and pending prosecutions, and either a statement of "specified information" or a statement that there is no criminal record or specified information. Specified information is anything that leads to a genuine belief the person poses a threat to children or vulnerable people. Some minor, older District Court offences are excluded, with exceptions listed in the Acts and in the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.

The enacted section 16 says that where a disclosure contains criminal record or specified information, the organisation must make a copy available to the person as soon as practicable. It may consider the disclosed information when assessing suitability for relevant work, and it must not use or share it except as the Act allows. Breaching those restrictions is an offence.

Citizens Information says organisations should delete disclosures after one year unless exceptional circumstances apply, and may keep the reference number and date. The enacted Act itself contains no retention period, so that one-year point comes from the Citizens Information page rather than the statute. Where a disclosure of specified information is disputed, Citizens Information says it can be appealed through an independent process within 14 days of the decision.

Re-vetting, and what the sources do not say

Citizens Information says re-vetting is generally not required unless the person changes jobs or roles within a sports or community organisation, and that the Government is reviewing the system and considering mandatory re-vetting every three years. The page does not say this has been enacted. The enacted Act refers to periodic re-vetting at intervals set by regulation; we did not find the current position on an official page we could open, so confirm it with the Bureau.

The sources also do not tell an employer outside the covered sectors whether it may require vetting for other staff. Citizens Information mentions only separate "non-Act" applications under other legislation. If your business does not do relevant work, do not assume the Acts allow you to vet staff; ask the Bureau or a solicitor.

A practical approach for employers

These are our suggestions, not legal requirements:

• Map roles first: list which roles involve a necessary and regular part of work with children or vulnerable persons, and compare them to Schedule 1.
• Build vetting into recruitment so that no one starts relevant work before the disclosure is received.
• Name a liaison person and a deputy, and write down who may see disclosures.
• Mention vetting where relevant when issuing offers; our guide to written statements, probation and mandatory training covers what new employees must be told in writing.
• Diarise deletion of disclosures in line with the Citizens Information guidance.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Can an employer ask any employee to get Garda vetted?

The sources we read do not say. The Acts require vetting for relevant work with children or vulnerable persons by registered relevant organisations. Citizens Information mentions "non-Act" applications under other legislation only.

Can a self-employed person apply for vetting?

According to Citizens Information, vetting is not done on a personal basis; self-employed people can apply only through a relevant organisation.

How long does a vetting disclosure take?

The Garda page states a five-day turnaround for 80 per cent of eVetting applications. It gives no timeframe for paper applications.

How long can an organisation keep a disclosure?

Citizens Information says organisations should delete disclosures after one year unless exceptional circumstances apply, and may keep the reference number and date.

Check the Bureau's current guidance before you put your vetting process in place.