Victor Boyhan (Independent) | Oireachtas source

I thank Senator Nash and his colleagues for bringing this Bill to the House. It is a really important issue.

I was in my office when I heard the contribution of Senator Ned O'Sullivan. It was eloquent, well put together and thought-provoking and touched on many points. It begged me to get up here quick and partake in this debate. It was my intention to come but I was delayed. I was also here for Senator Warfield's valid contribution. Those were two compelling cases as to why we should be supporting this Bill.

What are we talking about here? The explanatory memorandum states this Bill, in effect, is to provide for, "an apology to and exoneration of persons convicted of consensual same-sex sexual acts, on the grounds that prosecutions for such offences were improperly discriminatory, contrary to human dignity and in breach of personal privacy and autonomy." That is what it is about, and an apology is only a word. The Bill is to be welcomed but what is needed is more than an apology. There has to be a recognition that a wrong was done and that there was discrimination. People were hurt, disappointed and let down by the State.

The explanatory memorandum further states that the Bill, "provides that a person convicted of any such offence receives an apology and exoneration and an acknowledgement that the offences concerned and prosecutions for those offences were improperly discriminatory, contrary to human dignity and infringed personal privacy and autonomy." That is extraordinary.

What I am more concerned about, and seeking clarify on, is that the explanatory memorandum further states that the Bill does not confer any statutory rights on any person, does not create a cause of action or cause the fresh accrual of a cause of action, and does not impose any liability on the State or any person. What are we really saying? Is it all words? It is only an apology, but there is no liability or potential case for anyone else to seek redress. The Minister of State, Deputy Stanton, will be already familiar with the redress legislation that was brought in by a previous Government. That recognised the hurt, the violation and the abuse of citizens in this country. The State brought in a redress scheme. That will not put all wrongs right but it is there and has been established. It is an important point.

I am supportive. I am also mindful of the great work that Senator Norris, who is not with us today, has done in this area. We need to recognise his work but also that of many others who silently go about as advocates and assist and support, in their own quiet and private way, the rights of people. All politicians, of all sides, do that in both Houses of the Oireachtas and there are various reasons for how they operate.Ultimately we want equality, fairness and justice. An apology simply is not enough. Through our legislation, through offering opportunities and through education, employment law and everything else, we have to demonstrate time and time again that we are about equality for all people regardless of their differences. We must celebrate that diversity that enriches our society and life. That has to be echoed through all legislation we put through both sides of this House. I am happy to commit myself at this point to support this legislation at every Stage. It is positive and progressive and while it may not go far enough, it is a big start.