Dáil debates
Tuesday, 1 July 2025
Disregard of Historic Offences for Consensual Sexual Activity Between Men Bill 2025: First Stage
3:55 am
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I move:
That leave be granted to introduce a Bill entitled an Act to make provision for a process for the disregard of certain historic criminal convictions arising from consensual sexual activity between men; to amend the Irish Human Rights and Equality Commission Act 2014; and to provide for related matters.
Tá fir aeracha fós ag fulaingt mar thoradh ar choiriúlú atá 30 bliain thart.
As Dublin marked Pride this weekend, LGBT+ people faced slurry in Ballymena, bans in Budapest and shootings in New York. We think of them as we work to undo the past criminalisation of consensual gay sex in this State with this disregard Bill, one of the 95 recommendations of the working group's report. I thank the six parties that have signed this Bill. I thank, in particular, Deputies Nash, Rice, Paul Murphy, O'Gorman and Catherine Connolly for cosigning the Bill, as well as the LGBT restorative justice campaigners. Curim fáilte roimh those in the Gallery today. To them I say "Well done". I also thank the legal drafters, Ms Céile Varley and Mr. Ciaran Bracken, the law firms Goodbody and Clifford Chance, and everybody else who contributed to the legislation.
Conor Sheehan (Limerick City, Labour)
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Many men live with the trauma inflicted upon them by a society that told them they should not exist. Despite an apology in 2018, no action has been taken by Government to put a process in place to disregard these convictions. Many men are living with the shame and stigma of these convictions. The shame and trauma drove many people to their graves. Gay men were driven underground by this criminalisation. This Bill is long overdue and I urge the Government to support it. I stand here as a gay man. I am fortunate to live at a time when I can openly express who I am.
4:05 am
Pádraig Rice (Cork South-Central, Social Democrats)
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I thank Deputy Ó Snodaigh and the members of the LGBT+ Restorative Justice Campaign, Kieran Rose, Brian Sheehan, Karl Hayden and others, for their work. I am delighted to co-sign this Bill on behalf of the Social Democrats. It is now 32 years since homosexuality was decriminalised, but some men are still living with the negative impact of criminalisation. Let us be clear: the prosecutions and convictions of gay and bi men for consensual sex was a gross violation of their human rights and did immeasurable damage. These arrests and convictions destroyed lives. The laws also had a negative impact on those who were not convicted because the threat of prosecution was used to harass people in the community. The archaic laws also had a major impact on the provision of public services, including HIV-AIDS prevention. The State must right the wrongs of the past. We are running out of time for some of these men. The Government must urgently act to disregard these historical convictions and must deliver true equality for LGTB people in Ireland.
Paul Murphy (Dublin South West, Solidarity)
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I thank Deputy Ó Snodaigh and the campaigners on this issue. It is outrageous that there are still people today walking around with historical convictions for the so-called crime of being gay. The Government, of course, will say no one should be criminalised for consensual sexual activity, but a working group was set up to examine disregarding those convictions back in 2021 and still nothing has been done. The Minister has promised there will be heads of a Bill in due course, but due course in this case is decades overdue. Here we have an answer. This is not just a matter of righting an historical wrong; it is about sending a message at a time when LGBTQ rights are under attack in this country and globally that love is love and homosexuality is never a crime.
Roderic O'Gorman (Dublin West, Green Party)
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I thank Deputy Ó Snodaigh for bringing forward this legislation and the campaign group for highlighting the issue. I want us to recall the original provision under which these men were convicted. Section 61 of the Offences Against the Person Act 1861 states that "Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal shall be liable ... to be kept in penal servitude for life". It is worth recalling the framing of homosexuality in that legislation from the 1860s, the absolute moral condemnation and the attempts to heap all sorts of condemnation on being gay. We know this same approach is adopted today. It was adopted in Poland up to the recent change after the general election there, and it is adopted in Hungary today. We see this same language online. I think this is why it is so important we are moving to disregard these convictions.
Catherine Connolly (Galway West, Independent)
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Go raibh maith agat. I thank the campaigners and Deputy Ó Snodaigh for bringing forward this Bill. It aims to provide for the disregarding of certain criminal convictions that arose from a selection of legislation all through the 19th century and, indeed, one Act going back to the 17th century, as well as the Common Law. It had nothing to do with justice or fairness. It was homophobia at its worst and a set of values that had nothing to do with love between two people. It is high time we got rid of it. We are not only recognising the injustice but actually setting up a process that will allow us to undo that injustice and to finally bring fairness.
Verona Murphy (Wexford, Independent)
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Is the Bill being opposed?
Verona Murphy (Wexford, Independent)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I move: "That the Bill be taken in Private Members' time."
I would love if the Government also adopted this legislation as quickly as possible.