Written answers

Tuesday, 3 October 2023

Department of Justice and Equality

Legislative Measures

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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432. To ask the Tánaiste and Minister for Justice and Equality if the legislation disregarding historical homosexual offences will be included in the autumn legislative programme; and if she will make a statement on the matter. [42174/23]

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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449. To ask the Tánaiste and Minister for Justice and Equality if she will outline, as per the most recent legislative programme, when she intends to bring forward legislation to enact the recommendations of a report (details supplied). [42665/23]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 432 and 449 together.

The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply because of their sexual orientation.

As the Deputy will be aware, I published the final report and recommendations of the Working Group examining the feasibility of a scheme to disregard certain historic convictions related to consensual sexual activity between men in June.

The report contains 95 recommendations regarding the introduction of a statutory scheme to enable the disregard of relevant criminal records. The report also makes a number of recommendations on eligibility standards, the application process that should be followed and the offences to include in the scheme.

The publication of the Working Group’s report marks an important moment in efforts to exonerate those impacted by these outdated laws and address some of the lingering harms of the past.

I am committed to progressing legislation that will provide for the introduction of a statutory scheme once the report’s recommendations have been considered in detail and legal advice sought to ensure that draft provisions are legally and constitutionally sound. My intention is to publish a General Scheme next year.

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