asked the Minister for Justice the plans, if any, he has to repeal section II of the Criminal Law (Amendment) Act, 1885.
13.
Ceisteanna—Questions. Oral Answers. - Criminal Law (Amendment) Act, 1885.
12.
asked the Minister for Justice if he is aware that the wording of the Criminal Law (Amendment) Act, 1885 and the Offences Against the Person Act, 1861 are identical in every word with those laws found to be in contravention of European national law by the court in Strasbourg; and, if so, if he accordingly intends to repeal these laws and thereby shorten the inevitable legal process involved in their repeal through the European Court.
14.
asked the Minister for Justice if he is aware that it has been alleged that five homosexuals committed suicide in Dublin in recent months because of the cumulative effect of legal and social discrimination; and whether he proposes any action in the matter.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 12, 13 and 14 together.
The Deputy appears to be misinformed in regard to the proceedings mentioned in the questions. No decision such as that referred to has been made by the European Court of Human Rights in Strasbourg. The European Commission of Human Rights, which is a separate body, have expressed certain opinions in relation to provisions in the legislation referred to in the questions as they apply in the North of Ireland. The report of the Commission on the case in question has been referred to the European Court and the decision of that court is awaited.
If and when I have proposals for amendment of the law in this area. I will announce them in the ordinary way.
In regard to another part of the questions, I am aware that a particular organisation has put forward such a view in terms that make clear that it was an expression of opinion. No evidence has been supplied to me in support of the proposition that the present law is a causative factor in suicides. If such evidence is presented I shall, of course, consider it.
Is the Minister in a position to say how long it will be before the European Court will give a decision on a matter like this? Will it be very long, a matter of weeks or years?
All I can say about that is that the case has been referred to the European Court of Human Rights by the Commission but I have no idea when they might make a decision on it.
Is it a fact that our own High Court, following a private action by an individual member of the Gay community, found that the law is defective and the judge involved sent it back to us as legislators and said that it was something that we should deal with? In those circumstances would the Minister consider dealing with the matter in so far as the European Court will take a very long time before it issues its judgment which I suppose will not be binding on us?
I am aware that mention of this was made by the High Court judge, the case in question, I believe, has been referred to the Supreme Court and I do not know whether I am at liberty to talk about that case. If the Deputy would agree to give me breathing space to see whether I can comment on his supplementary question I will communicate with him in a matter of a day or two.
Do I have to put down a question?
No, the Deputy does not have to do that. I will communicate with him over the weekend, perhaps by Monday, tomorrow being Friday.