Dáil debates
Tuesday, 17 June 2025
Saincheisteanna Tráthúla - Topical Issue Debate
European Union
11:50 am
Barry Ward (Dún Laoghaire, Fine Gael)
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As the Minister of State will know, on 23 June 2021 the Hungarian Parliament passed a law significantly curbing the rights of members of the LGBTQI+ community in Hungary. As it came into effect on 1 July 2021, next week that law will have been passed for four years. It is hugely problematic from the point of view of Article 2 of the Treaty on European Union. It clearly curbs fundamental rights that are set out there, not least freedom of expression, equality, non-discrimination, pluralism and tolerance. As a result the European Commission took a legal action against the Hungarian Government in July 2021, that is, four years ago. It is hard to discern what exactly has happened in that regard since then. While I am aware that the Commission has massively curtailed payments to Hungary, amounting to billions of euro during that time, the law has gone pretty much unabated since then. As a result, ordinary people who are members of the LGBTQI+ community in Hungary are massively curtailed, not just in their activities, their freedom of expression and their right to play a full part in society in Hungary but they are also in genuine fear of falling foul of this law and finding themselves at the end of a criminal conviction or a criminal prosecution in any event.
The European Commission stated in a tweet in 2021 announcing that it was taking the legal action against Hungary, that Europe will never allow parts of our society to be stigmatised. That is a laudable aim and I support that. Ireland also supports that goal but it does appear to have allowed them to be stigmatised during the past four years because those actions have not been taken.
It has been condemned by 17 member states, including Ireland, within the European Union. I want to put on record my support for the work that the Irish Embassy in Budapest to support the rights of LGBTQI+ people and the rights of the Pride parade in Budapest, which I understand will take place next week but which is technically against the law now in Hungary. Those efforts essentially are being ignored by Fidesz, by Viktor Orbán and the Hungarian Government. If we are seriously to respect the rights that are set down in the Treaty on European Union and if we embody them in Ireland, we need first to assure ourselves we are doing everything we can to make it clear that we oppose this and make that clear on the international stage and at European level, at European Council meetings and in all our dealings with the Hungarian Government; and second, we actually need to take concrete action.
The Minister of State should tell me what Ireland is doing and what the Commission is doing in real terms to tackle what flies in the face of fundamental principles that we associate with being part of the European Union.
We know that in Ireland we have huge support for membership of the European Union. Well over 80% people in this country recognise the value it has had for us. I would say that the same value with membership of the European Union could be ascribed to Hungary and yet, whatever it is, 157 out of 158 MPs in 2021 voted for this law. What is it that they do not see? How can we make them see it? How can we share with them the benefits of being part of a pluralist society that respects diversity, difference of opinions and difference in perspectives on things like sexuality? If we stand back and allow it to happen, then what is the point of being part of a European Union that lays down those fundamental rights for all European citizens, not just those whose governments choose to give them to them, but all European citizens, irrespective of what country they live in or under which government they live? Let us be clear in our voice on this and tell us what we can do to make this different.
Michael Healy-Rae (Kerry, Independent)
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I thank Deputy Ward for raising this important issue. I apologise on behalf of the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Harris. Ireland is a strong supporter of the rights of LGBTQI+ persons in Hungary. Respect for human rights and the rule of law are fundamental EU values as enshrined by Article 2 of the Treaty on European Union. The Tánaiste is very concerned by recent measures taken by the Hungarian Government to restrict the rights of LGBTQI+ persons, including the passing of legislation that allows for a ban on Pride celebrations this year. June 28 will mark the 30th anniversary of Budapest Pride, the same date as Dublin Pride and the anniversary of Stonewall.
The legal and constitutional amendments fast-tracked by the Hungarian Government in recent weeks now provide a basis to ban it under the false pretext of child protection. As a staunch advocate for the rule of law and fundamental EU values, the Tánaiste condemns this fresh attempt to target this community in Hungary by restricting their rights to freedom of expression and assembly as set out in Articles 11 and 12 of the Charter of Fundamental Rights of the European Union. This move is a disturbing escalation by the Hungarian Government in ongoing attempts to curb LGBTQI+ rights. It is the latest development in a series of measures targeting civil society, independent media and minority rights, further weakening the rule of law in the country.
It is imperative that the EU uses all the tools at its disposal to address the rule of law backsliding in Hungary. The European Commission has taken legal action in the form of infringement proceedings against Hungary for its failure to abide by its obligations as an EU member state in upholding the rule of law. Ireland has supported these efforts, including by joining the Commission’s case against Hungary in relation to its so-called Child Protection Act. The opinion of the Advocate General of the Court of Justice of the European Union on this case was released on 5 June 2025, in which it considers that the child protection law infringes EU law. It suggests a free-standing breach of Article 2 should be found. I look forward to the final judgment in this case, which is expected in the autumn of this year.
Ireland also decided in February this year to intervene in the European Commission’s case against Hungary’s sovereignty protection law, which seriously threatens civil society space and independent media in Hungary. Separately, the Article 7 procedure, an EU treaty instrument, has been triggered against Hungary since 2018 due to serious breaches of the rule of law. In addition, the EU is using a range of tools to withhold a total of €18 billion in funding, including through the conditionality mechanism; rule-of-law-related so-called super-milestones in Hungary’s recovery and resilience plan; and the horizontal enabling condition of the common provision regulation that relates to compliance with the EU Charter of Fundamental Rights.
Additionally, Hungary is denied access to Horizon funding and the Erasmus programme. It is regrettable that Hungary’s access to these programmes is limited but it is essential until remediation measures are put in place to address its consistent contravention of EU law.
Ireland is a strong supporter of the EU rule of law toolbox and views it as essential that the EU has the necessary tools at its disposal to respond effectively to rule of law challenges where they arise.
Barry Ward (Dún Laoghaire, Fine Gael)
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I thank the Minister of State. I recognise the truth of much of what he said, particularly in terms of Ireland's support for the rule of law toolbox. That is brings us to the root of this issue. I have raised the matter with the Tánaiste. I am aware of his strong stance on this and I respect that hugely. I am also aware that Ireland has a chequered history with dealing with the freedom of individuals, particularly members of the LGBTQI+ community. There is an extent to which we are people in glasshouses casting stones. However, I also recognise the fact that we have made huge progress within my lifetime on this issue, particularly in the past ten years since the referendum in 2015.
I refer to the cynical manner in which the Hungarian Government seeks to equate child protection with what it calls its anti-paedophilia law, with people who simply want to live life in the way they want to live it.
That cynical conflagration of two totally unrelated issues is a major problem. It is disturbingly cynical in the message it sends out. As Chair of the European affairs committee, this is an issue we want to look at. We are hoping to do so next week.
Here is the real question. We have joined the case and stated our case. We talk about the rule of law toolbox. We know funding is being restricted from Hungary and that clear messages are being sent from the Commission and many European Union states. It has not changed the facts. No matter what the judge advocate says in the Court of Justice of the European Union, and no matter the finding of the court in the autumn, what do we do if Hungary still thumbs its nose? What do we do if we withdraw the funding, criticise them and decry what we all know to be wrong, and they still do nothing about it? Where is the rule of law toolbox if we cannot use it to actually effect change and enforce the law we have all signed up to as part of the équipe communautaireand as part of the various treaties of fundamental rights and of functioning of the European Union? What do we do if they still say and do nothing?
12:00 pm
Michael Healy-Rae (Kerry, Independent)
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I thank the Deputy. His genuine sincerity, concern and emotion are very heartfelt and that is evident in his statements this evening. Ireland has consistently and strongly advocated for the promotion and protection of the rights of LGBT+ persons, including in our relations with Hungary. We have regularly raised our concerns about the serious rule-of-law backsliding and the targeting of civil society and minority rights in Hungary, including in direct contacts with our Hungarian interlocutors. Through our embassy in Budapest, Ireland had 21 diplomatic missions on 27 March this year in calling on Hungarian authorities to repeal the recent legislation passed that allows for a ban on Pride celebrations, including Budapest Pride. At the recent General Affairs Council on 27 May, Ireland, along with a large majority of EU member states, joined a declaration outlining our deep concern and calling on Hungary to reverse these measures.
Through the Department of Foreign Affairs and Trade's enlargement and fundamental values fund, we support Hungarian civil society organisations that work to protect the rule of law, civil society space and minorities, including LGBTQ+ rights, in Hungary. We will continue to work closely to monitor developments and raise our concerns as well as continuing to support civil society organisations working to defend our fundamental EU values in Hungary. Again I wish to relay the Tánaiste's apologies, who wanted to be here this evening to answer the Deputy directly. Like the Deputy, the Tánaiste is very sincere in his concerns about what is happening out there. There is right and wrong in the world and what is happening at present is obviously fundamentally wrong. It is good of the Deputy to raise it here this evening. I apologise on behalf of the Tánaiste in his absence.