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Equality Issues

Dáil Éireann Debate, Thursday - 23 March 2023

Thursday, 23 March 2023

Questions (241)

Gary Gannon

Question:

241. Deputy Gary Gannon asked the Tánaiste and Minister for Foreign Affairs if Ireland will join the European Commission’s infringement proceedings against Hungary for its anti-LGBTQ+ propaganda law; and if he will make a statement on the matter. [14581/23]

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Written answers

On 15 June 2021, the Hungarian Parliament passed a Law imposing multiple prohibitions on the portrayal to persons under the age of 18 of homosexuality, sex reassignment, and gender identities that do not correspond to the sex assigned at birth.

On 15 July 2022, the European Commission announced it was referring Hungary to the Court of Justice in relation to this law. The case for doing so was published on 13 February 2023.

In its case, the European Commission finds that Hungary has failed to fulfil its obligations under EU law. Alongside breaches of EU Directives on e-commerce, services and audio-visual media services, the law is deemed to infringe on the Charter of Fundamental Rights of the European Union and on Article 2 of the Treaty of the European Union, concerning the EU’s fundamental values.

As I and other members of Government underlined in 2021, this law represents a flagrant form of discrimination based on sexual orientation, gender identity and expression. It is completely at odds with Ireland's national interest in protecting the rights of LGBTI+ persons and with the fundamental values of the EU. On that basis, and following extensive consultations across relevant Departments, the Government decided on 21 March to seek leave to intervene before the Court in support of the European Commission.

We are not alone in taking this step. Belgium, the Netherlands, Luxembourg, Austria and Portugal have announced their intention to intervene, and other member states may do so in the period ahead, an indication of how serious and widely held concerns over this law are.

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