Dáil debates
Thursday, 3 July 2025
Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions
Legislative Measures
2:25 am
Mark Ward (Dublin Mid West, Sinn Fein)
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4. To ask the Tánaiste and Minister for Justice and Equality for an update on the criminal justice disregard of certain convictions related to consensual sexual activity Bill; when it will be completed; and if he will make a statement on the matter. [36639/25]
Mark Ward (Dublin Mid West, Sinn Fein)
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While most of the world celebrated Pride last week and this week, in Ireland there are still men who have criminal convictions for just being gay before 1993. Can I have an update on the Disregard of Historic Offences for Consensual Sexual Activity Between Men Bill 2025? When will it be completed and when will these men have their criminal convictions quashed?
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank Deputy Ward for asking this question. He will recall that about six weeks ago, during the last round of oral questions to the Minister for Justice, Home Affairs and Migration, his colleague, Deputy Ó Snodaigh, raised a similar question. During the course of an exchange between me and Deputy Ó Snodaigh, I stated that we should look to see if there is some mechanism of expediting this process of bringing forward legislation. Deputy Ward will be aware that a working group produced a report in 2023 which set out a very detailed yet slightly complicated statutory proposal as to how the scheme would operate.
When I was discussing the matter with Deputy Ó Snodaigh on the last occasion, I said I would go back to the Department and see if there was any way it could be expedited. I would like him to know that I asked my officials to examine whether the draft heads for the disregard scheme could be produced in a streamlined form that would facilitate their inclusion in the miscellaneous provisions Bill which is currently with the Office of the Parliamentary Counsel for drafting. I believe this is achievable and offers a speedier route to enactment than a dedicated disregard Bill. Drafting of legislative heads on these lines is now at an advanced stage and I hope to bring the heads to Government for approval shortly, with a view to their being added to the miscellaneous provisions Bill.
I commend Deputy Ó Snodaigh and the other members of the Opposition who last Tuesday introduced the Disregard of Historic Offences for Consensual Sexual Activity Between Men Bill 2025. I have had an opportunity to look at the Bill. It is a very fine piece of professional drafting. I will certainly take it into consideration and officials in my Department will take it into account when working on the legislative heads I have outlined. My priority is to try to get legislation enacted as quickly as possible. Whether that is done through my miscellaneous provisions Bill, which I think is probably the speedier way of doing it, or through the Opposition Private Members' Bill, I am agnostic in respect of that. The important thing is that we try to put in place a speedy statutory scheme to facilitate these men whom Deputy Ward spoke about.
Mark Ward (Dublin Mid West, Sinn Fein)
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I thank the Minister. It is hard to believe that only 32 years ago it was illegal to be gay in Ireland. In 1993, when the law was changed, I was only 18. I was not aware of this rule when I was 18 but you can bet your life if I had been a young gay man, I would have been. Gay men at the time would have been driven underground. They suffered trauma and abuse. Ireland has come a long way since 1993, mostly for the better. It is hard to believe that being gay was a crime until 1993. It is still hard to believe that there are men who have convictions for being gay prior to 1993. The last record I have is that between 1983 and 1993, there were 64 convictions. Most of these men are probably still alive at this stage.
I am aware that the Minister has competing interests. I am on the justice committee so I know how busy we are. However, this is a chance to do the right thing. I welcome the Minister's comments on bringing provisions forward through a miscellaneous provisions Bill. Would these provisions quash individual convictions or what way would it work?
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Deputy. Just to add to the statistics, because it is important we know the extent of what we are potentially talking about, it is hard to be definitive but research indicates that between 1950 and 1993, when homosexuality was decriminalised, approximately 940 men received convictions under the Offences Against the Person Act or the Criminal Law (Amendment) Act 1885. The Deputy is absolutely correct. A number of these men will still be alive and will still have convictions over their name for something that we now regard as something that should not have been criminalised in the past. I do not want a scheme that is going to be too complicated or onerous. I want a scheme whereby individuals will have to apply, and also an opportunity for representatives of a deceased person to apply. Although many of the 64 men will be alive, there are men from before that and a majority of the 940 who probably are deceased. We need to ensure there is an opportunity for the living and for representatives of the recently deceased to bring an application in respect of this.
Mark Ward (Dublin Mid West, Sinn Fein)
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I welcome the Minister's comments on the Bill that was introduced this week by Deputy Ó Snodaigh and several other Opposition Deputies, the Disregard of Historic Offences for Consensual Sexual Activity Between Men Bill 2025. The timing was to coincide with Pride last week and this week. We still have people around the world who are subjected to tyranny and abuse just for being gay. In its essence, this Bill aims to eradicate the historic criminal convictions imposed for the offences of consensual sexual activity between men prior to 1993. The Bill was drafted by campaigners and a lot of work was put into it. A lot of campaigning and research went into the Bill. As the Minister acknowledged, the statistics show that between 1983 and 1993 there were 64 convictions for being gay and there is a good chance that these men are still alive.
I welcome that the Minister is agnostic, as he said, about whether to progress his Bill or the Opposition Bill. What does he think would be the speedier process? Has he given that any consideration? Would he support the progression of the Opposition Bill that was introduced this week?
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My view is that since the Department of Justice, Home Affairs and Migration has been working on a particular Bill up to now, and I have asked the officials to expedite this matter to see if we can get it into the miscellaneous provisions Bill, that is probably the speedier method of getting it done. There is an advantage to being in government from the point of view of trying to get legislation through the House. I commend Opposition colleagues who bring in detailed Bills, such as the one presented here last Tuesday, but Deputy Ward knows himself that they require the use of Private Members' time. I would not oppose this Bill on Second Stage but I do think it will be quicker if it is done through the criminal law (miscellaneous provisions) Bill that I will be introducing later this year.
One of the tricky things about this, which the Bill Deputy Ó Snodaigh introduced recognises, is that there is a distinction between persons who were convicted for homosexual activity between consenting males - everyone recognises that if there was not consensual activity and if the individual was of a young age-----
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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That could not be quashed.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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That is where the complexity is. I am positive about the fact that something is going to be done shortly.