Vol. 409 No. 5
5 Proinsias De Rossa asked the Minister for Justice if he will outline the progress which has been made by his Department in responding to the ruling of the European Court of Human Rights in the Norris case, delivered in October 1988; and if he will make a statement on the matter.
As the Minister for Justice has already indicated, he will be bringing forward proposals to the Government to change the law in this matter. These will be published in the usual manner in due course.
We are already aware from the record of the House of what the Minister of State has just told us. The question tabled by Deputy De Rossa asks what progress has been made. Would the Minister of State indicate what stage the legislation has reached? Must he be reminded that the European Court handed down their judgment with regard to our laws on homosexuality almost three years ago and that the former Tánaiste, Deputy Lenihan, indicated in the House the following day that the Government would act? What is the reason for the delay and what stage has the legislation reached?
I think Deputy McCartan would accept that the Government reacted immediately in a positive way.
Saying something and doing something are two different things.
We are making progress and we hope to introduce the legislation in the next session. As Deputy McCartan will appreciate, the matter is a complex one and we are concerned to ensure that we get the balance right.
Would the Minister of State indicate the countervailing pressures which require balance? Would he not accept that the European Court have ruled that we are in breach of the European Convention and that therefore, as members of the Council of Europe there is a duty on us to respond in a positive way rather than prevaricate?
We are having an element of repetition.
I am sure Deputy McCartan would agree that all member states have to comply with the many judgments of the European Court.
Let us concentrate on our own State.
There are many European directives and judgments which have to be implemented in domestic law. This is a very complex matter and the Department are working very hard on it. We hope to introduce the legislation in next session. That is our goal.
