Written answers

Wednesday, 19 March 2025

Department of Justice and Equality

Legislative Programme

Photo of Gerald NashGerald Nash (Louth, Labour)
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1090. To ask the Tánaiste and Minister for Justice and Equality if he plans to bring the heads of a bill to Government this year to provide for a promised disregard scheme for criminal convictions obtained by men prior to the 1993 legislation that decriminalised homosexuality; and if he will make a statement on the matter. [10613/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Victorian-era laws that criminalised consensual sexual activity between men until being repealed in 1993 are now recognized as a historical injustice. In 2021, a multi-stakeholder working group was formed to examine the disregard of such convictions. The group met multiple times and conducted a public consultation in late 2022, receiving 148 submissions.

My predecessor, Minister McEntee, published the group’s final report in 2023. The report contains 95 recommendations on the operation of such a scheme, covering matters such as the range of offences that should be included, the eligibility criteria for a disregard, the procedures for applications, decisions and reviews, and how to address cases where there may be insufficient records to determine whether a particular conviction meets the criteria.

My officials have carefully examined the report and are developing proposals for a statutory scheme that is legally and procedurally robust, fair and accessible. The Programme for Government reaffirms the government's commitment to addressing this issue, and I am committed to publishing the relevant Heads of a Bill as soon as practicable.

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