Dáil Éireann Debate, Tuesday - 30 November 2021
469. Deputy Patrick Costello asked the Minister for Justice if she will provide an update on the Programme for Government commitment to introduce a scheme for the expunging of criminal records for gay men convicted of historical offences; and if she will make a statement on the matter. [58677/21]
Amharc ar fhreagraAs the Deputy may be aware, on 24 of June 2018, to mark the 25th Anniversary of the decriminalisation of homosexuality, the then Taoiseach, Leo Varadkar, announced the Government’s plan to bring forward proposals for a scheme to enable the disregarding of criminal records in qualifying offences where the acts involved would now be lawful.
To take forward this commitment, and following consultation with relevant stakeholders, it was decided that the Department of Justice would set up a small Working Group consisting of representatives from the Department of Justice, An Garda Síochána, the Irish Human Rights and Equality Commission (IHREC), the Office of the Attorney General and three individuals from the LGBTI+ community with expertise in this area. This Working Group was formally established in June 2021.
The Working Group provides a forum for structured engagement to examine issues relating to the disregarding of the relevant criminal records in qualifying offences and is tasked with the following:
1. The feasibility of identifying appropriate records which may support a decision to disregard a record of conviction for a consensual same-sex acts prior to decriminalisation in 1993.
2. To examine issues regarding criminal records relating to consensual same-sex relationships prior to decriminalisation in 1993.
3. To consider, define and determine the offences to be included or excluded and to agree standards to meet before the criminal convictions can be disregarded for qualifying offences.
4. To examine the need for and feasibility of establishing a scheme for disregarding qualifying offences relating to consensual acts between adult males.
5. To examine the possibility of putting in place a legislative scheme similar to that in place in England and Wales or any other relevant jurisdictions to address this issue.
6. To make any other recommendations.
Three meetings of the Working Group have been held to date since the formation of the Working Group in June 2021. The most recent meeting of the Working Group was on 25 November 2021. A progress report with interim recommendations is currently being prepared for submission by mid-December 2021.
