Dáil Éireann debate -
Tuesday, 13 Feb 2001

Vol. 530 No. 3

Written Answers. - Equality Legislation.

Jim O'Keeffe

Question:

79 Mr. J. O'Keeffe asked the Minister for Foreign Affairs his views on the recommendations of the Council of Europe (1470 and 1474/2000) on the situation of gays and lesbians in the member states of the Council of Europe; and if he will make a statement on the matter. [3593/01]

Minister for Foreign Affairs (Mr. Cowen)

The recommendations of the Parliamentary Assembly of the Council of Europe regarding the situation of gays and lesbians in Council of Europe member states are wideranging and comprehensive. The Assembly has recommended – Rec.1470/2000 – that legislation regarding criminal prosecution for homosexual acts between consenting adults be revoked, and that member states apply the same minimum age of consent for homosexual or heterosexual acts. Both of these recommendations have been complied with in Ireland by means of the Criminal Law (Sexual Offences ) Act, 1993.

Comprehensive statutory protection against discrimination has been put into place in Ireland in the form of the Employment Equality Act, 1998 and the Equal Status Act, 2000. Discrimination on grounds of sexual orientation is expressly prohibited in both Acts, which are now in full operation and are supported by both the Equality Authority and the Office of the Director of Equality Investigations. The Equality Authority has established an advisory committee on lesbian, gay, and bisexual people to advise the Equality Authority on equality strategies being pursued across Irish society.

With regard to Recommendation 1474/2000 which deals with the position of gays and lesbians and their partners in respect of asylum and immigration in Council of Europe member states, it is possible for persons to claim refugee status in Ireland based on a well founded fear of persecution on the basis of their sexual orientation. Recommendations and decisions are made depending on the circumstances in each case.

In relation to immigration policy, the current position is that Irish immigration law has no provision within it to deal with the admission of non-EU nationals who are in non-marital butde facto partnership with an Irish-EU national. This applies equally to heterosexual or same-sex partnerships. In practice, applications from persons in long-term de facto partnerships are examined on a case by case basis.

Question No. 80 answered with Question No. 77.