Seanad debates

Wednesday, 17 May 2023

Disregard of Certain Criminal Records of Gay Men: Motion

 

10:30 am

Photo of Fintan WarfieldFintan Warfield (Sinn Fein) | Oireachtas source

On the issue of "expunging" versus "disregarding", it was considered in the progress report of the working group. One of its members, Kieran Rose, who is a member of the community, is here. "Expunging" means to destroy completely or to remove completely. A different approach, such as "disregard", would allow records not to be removed or destroyed but available to researchers and historians. For that reason, the working group will strongly recommend "disregard" rather than expunging or destruction and I support that. When I talk about historians, I am conscious that one of the people who helped me to prepare this motion and with listing the various groups over the years is Tonie Walsh, who I know is watching on in Türkiye. I know he would love to be here to help. Tonie was president of NXF, the National LGBT Federation, from 1984-8 when it was a co-litigant with Senator Norris.

I wanted to say in my first contribution while Senator Norris was here that I know he cofounded the National Gay Federation and in 1979 advanced a personal loan to help open the Hirschfeld Centre, one of the first of its kind in the world and the second attempt at a community centre in Dublin for lesbian and gay men.

I thank all the speakers who have expressed their support. There has been a lot of talk about homophobia and particularly today when we have seen scenes online. What do we tell people all the time? We tell them to be themselves but so many people fashion personas that they think others will like and admire. When you come to accept yourself you are on your own ground and you are stronger and more resilient. Homophobia does not just affect LGBT people; it affects absolutely everyone. It polices everyone’s behaviour. It can result in everyone moderating their behaviour. People who are not gay can endure the most sustained and bruising homophobia, particularly in our schools. That is why homophobic bullying should be tackled to ensure that every child can be safe in school. Homophobia is about policing the boundaries of masculinity so if you have long hair then “that’s gay”; if you are physically weak then “that’s gay” or if you wear makeup, "that's gay". None of these things make you gay. Homophobia affects everyone whether gay or straight. It should be tackled head on.

The widest possible scheme is needed here and should be accessible and effective as the Minister said. I welcome the insight. I regret that we do not have a greater indication of the timeline for the legislation but I hope it will be in the autumn schedule because if not it will be under real pressure in this Government term. The intent of this motion is to show that the Opposition and all of us in this Parliament are keenly watching this issue and we want to see a disregard scheme that is open as widely as possible and that is accessible and effective.

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