A system to disregard the criminal convictions for pre-decriminalisation same-sex activity in Ireland is expected to be legislated in March.
Today, January 22, Minister for Justice Jim O’Callaghan will table an amendment to the Civil Law (Miscellaneous Provisions), which will set out the process for disregarding the convictions for same-sex activity.
According to the Irish Council for Civil Liberties, at least 941 men were convicted of “homosexual acts” before decriminalisation in 1993, although the number may exceed 2,000.
In a statement, Labour Party Chairperson Ged Nash, who developed the legislation, said the Justice Minister will introduce the amendment to the bill in March, thereby legislating the disregard system.
“I developed the legislation that kicked this campaign off, in 2017,” he said. “The first part of the package of measures was the historic State apology to LGBT+ citizens delivered in both Houses in 2018, and the second was my proposals for an exoneration for men who were convicted of activity that is now lawful.
“There are men with convictions on their records, people who have been unfairly criminalised because of who they are, who they loved, and when. This is wrong, and it is a source of great pride for me and my colleagues in Labour that this nine-year long campaign is coming to a successful end.”
Deputy Nash thanked his department, the Working Group and activists Kieran Rose, Karl Hayden and Brian Sheehan, who have been long campaigning for these convictions to be disregarded through the LGBT Restorative Justice Campaign.
The activists have welcomed news of the legislation’s progression. In a statement, they said: “We are pleased that the Government has proposed bringing forward Disregard provisions as part of the Miscellaneous Bill.”
They continued, “Thank you for all your support, engagement and lobbying on this – with another big push, we would hope to see comprehensive proposals on the Statute Books by mid-year, and that those convicted under the anti-gay laws will finally get justice.”
Adam Long, the Board Director of the NXF, also welcomed the news. “The laws in question were a gross violation of fundamental human rights that saw mainly gay and bisexual men subjected to state-sanctioned homophobia simply for expressing their inherent identity. Long after independence was achieved, the Irish State continued to actively enforce the colonial era legislation,” he said.
“Over 30 years on from decriminalisation in 1993, and eight years since a formal State Apology was delivered, it is disturbing to think of those still alive today who continue carry the burden of a ‘criminal’ conviction for being who they are. They deserve nothing less than full exoneration, and the disregard process now to be commenced must be both sensitive and comprehensive in nature and not retraumatise victims. A similar process undertaken in Britain a number of years ago faced significant criticism for being too onerous and limited in scope.”
Long added that he looks forward to the Government bringing forward the promised legislation in the upcoming weeks.
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