Written answers

Tuesday, 5 July 2022

Department of Justice and Equality

State Pardons

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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517. To ask the Tánaiste and Minister for Justice and Equality if legislation introduced to enable posthumous disregards of those convicted of criminal offences due to their homosexuality will permit applications to be made by persons other than a relative of a deceased person who was convicted; and if she will make a statement on the matter. [35729/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, I published a progress report from the Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men on 5 May last.

The Working Group consists of representatives from my Department, An Garda Síochána, the Irish Human Rights and Equality Commission (IHREC), the Office of the Attorney General and three members of the LGBTI+ community with expertise in this area.

The report identifies progress made by the group to date on a number of key issues, as well as proposed next steps. Some of these key issues considered include who can apply for a disregard. The Working Group has made the interim recommendations that applications be accepted from living persons or those exercising power of attorney on their behalf, as well as by a representative on behalf of deceased persons. In addition, applications can be made domestically or from abroad by persons who no longer reside in Ireland and/or are not Irish citizens. The Working Group is now considering who may act as a representative to progress an application on behalf of a deceased person.

As set out in Justice Plan 2022, the final report of the Working Group is scheduled for submission to me by the end of Q3 2022 and will include a recommendation from the Working Group on this matter.

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