In two days' time, on 23 June, it will be exactly 30 years since former Minister for Justice Máire Geoghegan-Quinn stood where I am standing now and introduced the Criminal Law (Sexual Offences) Bill 1993. That Bill gave effect to the requirements of the Norris judgment and finally abolished the 19th-century laws, those Victorian laws, that criminalised gay men. Since then, we have since travelled quite a distance regarding how the State values its LGBT+ citizens as equals. I looked at the debates on the passage of the Bill through each House. I do not believe it will serve us well to dwell on some of the more outrageous contributions, which in fairness, thankfully, reflected only minority voices at the time; however, it is worth remembering the words spoken by the then Minister during her speech on the day:
[The] process of change is not easy and, understandably, many people worry that the traditional values which they hold so dear and many of which are fundamentally sound, are under siege from emerging modern realities. Of course, it is not a matter of laying siege to all the old certainties nor is it a matter of jettisoning sound values simply to run with a current tide of demand which may or may not be a majority demand. It is, rather, a matter of closely looking at values and asking ourselves whether it is necessary, or whether it is right, that they be propped up for the comfort of the majority by applying discriminatory and unnecessary laws to a minority – any minority.
Thirty years later, I stand here as a person whose pathway in life was made immeasurably better by the 1993 legislation, contrasting with those who went before me, many of whom felt forced to leave this country. As I reflect on those words spoken by the then Minister, I am struck by how, 30 years later, we are in many ways still involved in that process of change and how we still face misunderstanding, fear and unfounded resistance when we seek to improve our equality laws in a way that simply makes life fairer for LGBTI+ people.
More than 30 years ago, so much of the homophobia that was endemic was focused on shame and, in particular, the shaming of LGBTI+ people for being who they are and for loving who they loved. The violence we see today against members of the LGBTI+ community, and the attacks online, are a continuation of that. It is a threat against somebody for being who they are. It is an attempt to suppress an individual's identity, be it through fear or through shame.
This morning, I updated the Cabinet on proposals to ban conversion practices and my intention to bring forward legislation in the coming weeks with a view to passing legislation early in 2024. Conversion practices are, fundamentally, another facet of the attempt to silence and shame. They are a continuation of the attacks LGBTI+ people have been experiencing on our streets and the abuse they face online. Conversion practices are cruel processes rooted in shame and stigma that seek to change, suppress or eliminate a person's sexual orientation or gender identity. The impact can have long-lasting harmful consequences for a person, especially one subjected to such dangerous practices at a young age. This is why the programme for Government committed to a ban on conversion practices. It is why legislating to prohibit conversion practices is not only a continuance of the State's assertion of the equal dignity of LGBTI+ persons but also a means of protecting LGBTI+ citizens from the real harm caused by these practices.
In line with our commitments and the clear evidence, the legislation will ban conversion practices, whether they be for sexual orientation or gender identity. It will be implemented through the introduction of new criminal law offences relating to conversion practices, alongside a ban on the advertising of conversion practices.
I know there will be attempts to drum up fear about this legislation, so I want to say clearly and unambiguously that this legislation will not ban conversations between parents and children about sexual orientation or gender identity. Those can be difficult conversations for both parents and children, often with questions on both sides.
Equally, the proposed legislation will also ensure that medical and social care professionals who provide support to individuals questioning their sexual orientation or gender identity are not captured as undertaking prohibited conversion practices. What the legislation will ban is a practice described by the UN independent expert on sexual and gender identity, in calling for a global ban, as "inherently discriminatory, ... cruel, inhuman and degrading". I am referring to practices that seek to suppress, eliminate or deny an individual's gender identity or sexual orientation. The ban will send a clear message that the era of shame and stigma regarding sexuality and gender – the era of being forced to hide who you are and who you love – must be behind us. Medical institutions have been clear about the harm done by conversion practices.
The Irish Association for Counselling and Psychotherapy has said conversion practices "have been widely rejected by mainstream medical and mental health organisations", are unethical and pose significant dangers. A memorandum of understanding signed by more than 25 institutions and organisations in the UK, including NHS England, NHS Scotland, the Royal College of General Practitioners and the Royal College of Psychiatrists stated that "conversion therapy in relation to gender identity and sexual orientation ... is unethical, potentially harmful and is not supported by evidence". The American Psychological Association has also stated its opposition to conversion practices for LGBTI+ people. The clinical opinion, the evidence and the lived experience of those who have faced conversion practices are clear: such practices are ineffective and unscientific and, most important, they can be profoundly harmful to the individuals who experience them.
Despite the advances in our country in recent years, we know LGBTI+ people still face a threat of violence based on who they are. Statistics published by An Garda Síochána show there were 582 hate crimes and hate-related incidents recorded in 2022. Recent attacks on members of the LGBTI+ community have left many members feeling unsafe. That is why the Government has committed to bringing forward legislative proposals to ensure that incitement to hatred and hate crimes against LGBTI+ people and other vulnerable groups are adequately addressed in our laws. The Green Party made it a priority that this be included in the programme for Government. The Minister, Deputy McEntee, is currently bringing the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill through the Seanad.
As Deputies will be aware, the Bill creates new, aggravated forms of certain existing criminal offences, hate crimes, where those offences are motivated by hatred of a protected characteristic. The Bill is very important legislation that will better support the Garda in prosecuting and securing convictions for hate crimes and hate speech.
In seeking to advance LGBTI+ rights, it is incumbent on the Government to, in particular, seek advances for those most at risk of being marginalised. As we know, many going through the international protection process come with complex vulnerabilities. It can be especially challenging for those from an LGBTI+ background. That is why my Department commissioned last year detailed research on the experiences of LGBTI+ people going through the process of the international protection system and asked for recommendations to be made based on the findings. I am pleased that the Minister of State, Deputy Joe O'Brien, and I will be launching the findings of the research shortly and will be indicating how we seek to implement many of its key recommendations.
As Deputies are aware, a review of the Equality Acts is currently under way and will examine the operation of the Acts from the perspective of a person taking a claim under their redress mechanisms. It will examine the degree to which those experiencing discrimination are aware of the legislation and whether there are practical or other obstacles that preclude or deter them from taking action. It will also include a review of the current definitions of all grounds and is examining the programme for Government commitment to amend the gender ground in equality legislation. This is to ensure that someone discriminated against on the basis of their gender identity is able to avail of this important legislation. It is hoped that some of the legislative proposals arising from this review can be brought forward into the legislative process later this year. The review of the public submissions to the public consultation, which took place last year, will be published in the coming weeks.
I would be remiss if I did not acknowledge that this year's Pride comes at a concerning time for LGBT rights here in Ireland and across the world. Our own experiences in terms of LGBT rights have been positive over past decades. However, these advances did not happen on their own or by accident. They happened because of the tireless efforts of advocates and activists, often at great personal cost.
Around Europe and the world, we have seen that these rights can be lost. We have seen governments, even EU governments, start to roll back the progress that has been made. Despite the advances we have seen in Ireland, there remain challenges for members of the LGBTI+ community. In particular, we have seen a hardening of the discourse and an often toxic or hateful atmosphere emerging online and in some media, where the lives of some of our most valuable citizens, particularly those of our trans citizens, are seen as little more than fodder for tweets and clicks. This is despite knowing that LGBTI+ people are at a higher risk of experiencing mental health issues than heterosexual cisgendered people. Unfortunately, largely thanks to changes in how we communicate and even how we consume information, we now live in a world where easy misrepresentations, wilful othering and context-free cherry-picking are amplified and echoed online.
Today, our task increasingly appears to be to challenge those who seek to exploit concerns to advance an unkind and narrow view, based not on empathy or understanding, but on prejudice and exclusion. This is not to dismiss people who come to these issues with questions in good faith. As elected representatives, we of course have a responsibility to engage with all people and to explain, factually and clearly, what our policies are, why we pursue them and on what evidence they are based. That is the business of deliberative democracy, and long may we treasure that. However, I very much believe it is contrary to good-faith democratic debate to seek to persuade others based on deliberate appeals to fear, with an othering of some of our most marginalised citizens; of our family, friends and neighbours. Almost a decade ago we voted for marriage equality and passed the Gender Recognition Act, and the sky has never fallen in. The only change to result from that has been to allow people to participate in the fullness of our society. We have seen through those decades of progress that we should not dismiss a person’s profound sense of who they are, and a recognition across society that our fellow citizens should be free to express themselves and to be themselves.
As Minister responsible for equality and as a Green Party Deputy, I am committed to that principle. As we celebrate Pride 2023 we, as a Government, recommit ourselves to the promotion and protection of LGBTI+ equality and to continue working to better the lives of all in the LGBTI+ community.
