Dáil debates

Tuesday, 19 June 2018

Apology for Persons Convicted of Consensual Same-Sex Sexual Acts: Motion

 

8:00 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity) | Oireachtas source

We are marking the decriminalisation of homosexuality, which I see as a graphic confirmation of Frederick Douglass's famous aphorism that, "Power concedes nothing without a demand. It never did and it never will ... If there is no struggle there is no progress." History demonstrates that decriminalisation was won following a struggle by the LGBTQ community that delivered change, just as similar movements delivered changes like marriage equality and the repeal of the eighth amendment. The decriminalisation struggle was part of an international movement that used various political tactics including mass protest, civil disobedience, deliberate defiance of the law and the distribution of contraceptives and information. The movement in Ireland gathered particular strength and momentum in the aftermath of the horrific murder of Declan Flynn.

While I welcome the Government's apology, which is long overdue, it should go further. Those who were prosecuted under what are now recognised as clearly barbaric laws should be pardoned. We should remember that the lives of countless people were very badly affected by those laws. People were forced to emigrate. People lost jobs. People's lives were destroyed. I suggest that the State, in addition to providing a pardon, needs to undertake to address all of those who were convicted and harmed by the barbaric laws I have mentioned.

It is striking that the LGBTQ community remains at the forefront of the struggle for social progress and equality. One of the most striking features of the exit polls that were released after people had voted on the eighth amendment was that 91% of the LGBTQ community voted in favour of repeal. The oppression faced by that community is not the same as it was before 1993, or even five or ten years ago. Things have improved.

Nonetheless, there is oppression. A heteronormative environment predominates in society, a situation where people's sexuality and gender are often not recognised or respected. It is a scandal that young people - all young people born after 1993 - should still face that situation. I am sure everybody is aware of the horrific statistics that speak to the discrimination and impact on mental health still felt by LGBTQ people, in particular young people. One really stark statistic from BeLonG To is that one in three LGBTQ people aged between 14 and 18 years has attempted to take his or her own life because of bullying, rejection and pressure to hide who he or she is. We need action. A movement drove decriminalisation just like a movement drove marriage equality and repeal of the eight amendment. It drove changes in backward attitudes, challenged prejudice and pushed conservative politicians to move, but we still need movement by the Government.

A lot of it starts with sex education. We need objective sex education that is factually based, LGBTQ+ positive, not distorted by religious ethos. I was disappointed by the Taoiseach's answer this morning on the money message. It is worrying and indicates that the Government may decide to hide behind the idea of a money message and not provide it. I appeal again to the Taoiseach in Pride month not to block this necessary legislation. We need it to deal with the question of ethos and to have objective sex education provided in schools. We also need action on the provision of trans healthcare to allow people to transition to their correct gender without the current medicalised model. We need a model based on the principles of bodily autonomy and self-determination. There is also a need for recognition of non-binary people and effective gender recognition for those under 18 years.

I welcome the statement made yesterday by the Taoiseach, but it does not go far enough. We need action on PrEP and PEP which are extremely effective in stopping the spread of HIV. The Taoiseach has said there is to be a review. I hope we can have it under the HSE in a year's time. However, how many people will be affected during the course of that year? We need action now to roll it out through the HSE.

I raise the case of same sex parents who still cannot be recognised on their children's birth certificates three years after the passage of the Children and Family Relationships Act. They and their children have fewer rights than heterosexual families. Last week the Minister for Children and Youth Affairs, Deputy Katharine Zappone, told me that an announcement was imminent by the Minister for Health, Deputy Simon Harris. We are still waiting. I hope imminent means that we will hear it this week. It is particularly appropriate, given that the theme of Pride is "We are Family". Pride rightly is a celebration. There is much to celebrate and I will be there celebrating. However, it is also a protest which has its roots in the Stonewall riots. Tens of thousands will be out on Saturday week celebrating but also protesting for action on all of these issues and a society without oppression and inequality.

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