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Departmental Policies

Dáil Éireann Debate, Tuesday - 28 March 2023

Tuesday, 28 March 2023

Questions (561)

Alan Farrell

Question:

561. Deputy Alan Farrell asked the Minister for Justice if he will provide an update on the work of his Department concerning the disregard scheme for historical convictions in relation to gay and bisexual men; and if he will make a statement on the matter. [14755/23]

View answer

Written answers

As the Deputy may be aware, a progress report from the Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men was published on Thursday, 5 May 2022 by Minister Helen McEntee.

The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.

I am conscious that nearly 30 years later, the damage that was caused by these laws continues to impact negatively on too many people’s lives. While this harm can never be fully undone, I am strongly committed to bringing to Government and publishing a scheme to disregard convictions for qualifying offences prior to decriminalisation in 1993.

Since the publication of the Progress Report in May last, work has been ongoing to progress all of the next steps in the report, including the development of resources to enable an effective and accessible public consultation. This public consultation was launched on 4 November 2022 and closed on 9 December 2022.

I want to ensure that any potential scheme is as effective and accessible as possible so that we can exonerate those impacted by these outdated laws and address some of the lingering harms of the past.

As part of the consultation, affected persons and representative organisations were asked to provide input on a number of key issues, based on their lived experience. Their responses will inform the final recommendations of the Working Group who are examining the development of a scheme to disregard convictions for consensual sexual activity between men prior to decriminalisation in 1993.

One hundred and forty-eight (148) submissions from individuals, LGBTQI+ representative organisations, other non-governmental organisations, trade unions and political parties and representatives were received. Their responses will inform the final recommendations of the Working Group.

A Consultation Summary Report has been drafted and is currently with the Working Group for review. The most recent meeting of the Working Group took place on 23 March 2023 to inform the final recommendations related to the key issues explored in the Consultation. The next meeting of the Working Group is planned for 13 April 2023.

I can inform the Deputy that pending this meeting and receipt of input from Working Group members, the final report and recommendations of the Working Group will be drafted and submitted for my approval. I can also inform the Deputy that this will occur as early in Q2 2023 as is practical.

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