High Court rules vetting bureau notification legislation unconstitutional
Judge Anthony Barr at the High Court declared certain sections of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 unconstitutional, finding that the Act's requirement for regulatory bodies to notify the vetting bureau of concerns about individuals under investigation breached the right to privacy, good name, and fair procedures. The ruling arose from a case brought by two gardaí after the Garda Ombudsman notified the bureau of concerns following a complaint about force used in a 2018 arrest of a juvenile.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court30 Apr
- Verdict
- Sentenced
Key facts
consolidated from all reports9 statements extracted from the articles
- whenGsoc sent a file to the Director of Public Prosecutions in May 2024. (irishtimes.com)
- courtThe High Court declared certain sections of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 unconstitutional. (irishtimes.com)
- courtJudge Anthony Barr made the judgment on Thursday. (irishtimes.com)
- courtThe judge found the relevant section of the Act was incompatible with the European Convention on Human Rights. (irishtimes.com)
- otherThe case was brought by two gardaí who sued after the Garda Ombudsman notified the vetting bureau of concerns about them. (irishtimes.com)
- otherThe notification followed a complaint about the level of force used by the two gardaí in arresting a minor. (irishtimes.com)
- otherThe DPP decided the gardaí should not face prosecution arising from the arrest. (irishtimes.com)
- otherGsoc refused to correct or amend the information provided to the bureau after the DPP's decision. (irishtimes.com)
- otherThe judge described the situation for the gardaí as being like playing Russian roulette. (irishtimes.com)
The reporting
newest first- 30 Apr2026Legislation obliging watchdogs to notify vetting bureau of child safeguarding concerns is unconstitutional, High Court rules
Reports the High Court judgment declaring sections of the National Vetting Bureau Act 2012 unconstitutional, finding the notification and retention mechanism breached constitutional rights and the ECHR.
victim, malevictim, male