Written answers
Tuesday, 9 July 2024
Department of Justice and Equality
Legislative Measures
Gerald Nash (Louth, Labour)
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502. To ask the Tánaiste and Minister for Justice and Equality when she will publish the heads of a Bill, arising from the conclusion of the consultation process in 2022, to set aside, or disregard, criminal convictions and exonerate men who were arrested and prosecuted prior to the 1993 legislation which decriminalised homosexuality; and if she will make a statement on the matter. [29102/24]
Helen McEntee (Meath East, Fine Gael)
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The Victorian-era laws that were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatizing them simply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. I am deeply conscious that people who were criminalised by these laws, and their families, are hopeful that a disregard scheme can be put in place in the near future and I want to reassure them that I am absolutely committed to doing so.
In June 2023, I published the final report of the working group that I appointed to examine this issue. The report contains 95 recommendations on the operation of such a scheme, covering matters such as the offences that should be included, the eligibility standards for a disregard, the procedures for applications, decisions and appeals, and how to address cases where there may be insufficient records to determine whether an offence is eligible for a disregard.
My Department is carefully examining the report with a view to developing proposals for a statutory scheme which is legally and procedurally robust, fair and accessible. This work is continuing and I am committed to publishing the relevant Heads of a Bill as soon as practicable.
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