Annie Hoey (Labour) | Oireachtas source

I thank Sinn Féin for bringing this motion. Tá fáilte roimh mo chara agus mo chomrádaí, Deputy Nash. Tá fáilte mhór roimh na daoine san Áiléar Poiblí, the activists, advocates and agitators from the LGBTQ community, spanning many decades. It is great to have them all in the House for this. I welcome and applaud Sinn Féin Senators, particularly my colleague, Senator Warfield, for introducing this motion in the Chamber.

The 30th anniversary of the decriminalisation of homosexuality is fast approaching and these past 30 years have been a surefooted march towards greater acceptance of and equality towards LGBTQ people. However, we cannot ignore the damage, shame and criminalisation that LGBTQ people faced before 7 July 1993, particularly in those laws that criminalised gay and bisexual men. Without going on too much of a 32-county and anti-imperialist rant, we inherited those laws from Britain. They were draconian laws that applied to sexual acts between consenting men and we are still feeling the repercussions of those colonial laws. We need only look at some of the African states which are tightening up and making even more drastic laws, some of which include the death penalty, for people existing as they are as two consenting adults.

As has been mentioned, my Labour Party colleague, Deputy Nash, previously introduced legislation in the Seanad: "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". I want to take a moment to acknowledge him and my LGBT comrades in the Labour Party who, for a long time, campaigned for a better Ireland for people like me in which to grow up. I was only five years-old when those laws were repealed.It seems strange to me even to think that I was alive at a time when it was a criminal act to do such a thing. Of course, we obviously have to acknowledge some of the trailblazers in this House. They include Senator David Norris whose personal courage and, in the words of Deputy Nash, sheer bloody-mindedness at times, helped us to usher in legislative change and change to societal attitudes and opinions.

In 2018, on the 25th anniversary of the decriminalisation of homosexuality, the then Taoiseach issued an apology to the LGBTQI+ community on behalf of the State. I am also aware that the Minister for Justice has held a public consultation on the scheme to disregard historical convictions of gay and bisexual men in November last year. We are very keen to see the results of that working group. I am hoping to see them in the summer and certainly not later than the autumn.

We will have the opportunity to discuss legislation for a scheme that would disregard the criminal records of gay men convicted of historical offences. That Bill should be published in the autumn but we will also need to ensure it provides the widest possible coverage to include the range of laws utilised by the State to prosecute and convict men for having sex with men, which had the additional effect of oppressing the wider LGBTQI+ community in Ireland. We must also recognise the work of the working group made up in part of members of the LGBTQI+ community with expertise in law and LGBTQI+ equality.

Disregarding the criminal records of gay men convicted of historical offences is obviously of great importance. We can never really fully understand the damage that was done to gay and bisexual men, in particular, but also the LGBTQI+ community as a whole. The culture of fear and shame created by these laws had an effect that persisted long after the decriminalisation of homosexuality. While no scheme can fully undo the hurt caused by the Victorian era laws, we must have a scheme which assists in the healing process for those affected by these laws. I know this relates in particular to those who were convicted but we also need to have consideration for those who were prosecuted but not convicted. A great many people were prosecuted but there was not enough evidence to convict them, whatever that evidence may have looked like, and many arrests were made without prosecutions. While we are looking at a disregard scheme here, we also need to consider what a restorative justice programme might look like. Whether that is funding for community groups or something similar, such a programme will be important going forward, not just for those who were convicted but for those who were wrongfully arrested and faced that prospect.

As I have said, Ireland has made very significant strides in LGBTQI+ rights in recent years but we cannot underestimate the dark cloud of the stigma that those laws created, which still looms today and forms a prejudice of homophobia and transphobia. Today is the International Day against Homophobia, Biphobia, and Transphobia and we have all seen or, if not, heard about a dreadful video circulating online at the moment of a young student in Navan who was beaten, it is assumed, because he was a member of the LGBTQI+ community. I do not think any of us will get out of our minds the sight of him crawling out from underneath a crowd as they kicked and punched him. I said earlier today that I hope the full force of our Garda resources and the school, which is easily identifiable, will be brought to bear on this case and the young man in question will have the support, love and community he needs going forward.

I will take a moment to reflect. I was struck by Senator Norris's use of the words that they campaigned for greater happiness. Is there no better thing that we can do as a society for the marginalised and the people who have been affected and downtrodden, whether that is through laws, prejudice or discrimination, than to campaign for greater happiness. Every person wants to be happy. We think of marriage equality day and the happiness that spread through Ireland then and the happiness that members of the trans community felt when we brought in gender recognition which allowed them to live their true lives as their authentic selves, just by believing them. As such, I commend Senator David Norris on all of the work he has done to bringing greater happiness.

I thank Sinn Féin for bringing this motion which I hope will undo some of the wrongs of the past. I very much look forward to the working group report and finally being able to exonerate those who were wrongly convicted and to remember those who were arrested but not convicted. I hope we find a way forward to achieve justice for them too.