Written answers
Tuesday, 16 January 2018
Department of Justice and Equality
Spent Convictions Legislation
Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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543. To ask the Tánaiste and Minister for Justice and Equality if those convicted under anti homosexuality laws pre-1993 would have their convictions considered spent under the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016; and if he will make a statement on the matter. [55003/17]
Charles Flanagan (Laois, Fine Gael)
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The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 provides a regime under which certain convictions can be disregarded after a number of years have elapsed since they were imposed, subject to specified limitations. The Act defines "excluded offences" to which these measures do not apply, and this definition includes the sexual offences listed in Schedule 1 of the Act.
The Deputy will be aware that a Private Members Bill, the Sexual Offences (Apology and Exoneration) Bill, which provides for an apology and exoneration of persons convicted of sexual offences for consensual acts between gay men prior to decriminalisation of this in 1993 was introduced in the Seanad in February 2017. Options to advance this issue are being explored by officials, in consultation with the sponsors of the Bill.
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