Dáil Éireann Debate, Wednesday - 24 January 2024
157. Deputy Patrick Costello asked the Minister for Justice why the historical disregard legislation is absent from the spring legislative programme; and the timeline for the introduction of legislation for this Programme for Government legislation. [3099/24]
View answerThe Victorian-era laws that were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply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 deeply conscious that people who were criminalised by these laws, and their families, are hopeful that a disregard scheme can be put in place in the near future and I want to reassure them that I am absolutely committed to doing so.
As the Deputy may be aware, the final report of the Working Group examining the feasibility of a scheme to disregard certain historic convictions related to consensual sexual activity between men was published in June last year.
The report contains 95 recommendations regarding the introduction of a statutory scheme to enable the disregard of relevant criminal convictions. It includes recommendations on the offences to include in the scheme, the eligibility standards, the application process to be followed, and how to address cases where there may be a lack of available background records relating to a relevant conviction.
My Department is examining how to give effect to the report’s recommendations in a manner that ensures the best outcomes for all concerned.
This includes seeking legal advice to ensure that the envisaged statutory disregard scheme is legally and constitutionally sound in all respects.
As regards a timeline for progressing the necessary legislation, in recent months I advised the House that I aim to publish the relevant Heads of a Bill in 2024. That fully remains my intention.
