Dáil passes bill to disregard historic convictions for same-sex activity

The bill provides redress to gay men by disregarding their convictions under laws that criminalised homosexuality prior to 1993.

This article is about a bill to disregard historic convictions for homosexuality. In the photo, several Pride flag flowing in the sky.
Image: Via Unsplash - Jas Min

On Wednesday, June 10, the Dáil passed the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026, which included a scheme to disregard historic convictions for same-sex activity. Welcomed by campaigners, the bill provides redress to gay men who were convicted under laws that criminalised homosexuality, which were repealed over 30 years ago.

In 1993, homosexuality was decriminalised in Ireland following a landmark case brought by former Senator David Norris to the European Court of Human Rights. Prior to this change, at least 941 men were convicted of so-called “homosexual acts” under the law, though the true figure may exceed 2,000, according to the Irish Council for Civil Liberties (ICCL).

For years, activists have campaigned for measures to be introduced to provide redress to gay men for the harm done by unjust laws. Welcoming the measures to disregard the historic convictions that were passed in the Dáil, activist Kieran Rose of the LGBT+ Restorative Justice Campaign said: “The Bill passed last night rights a profound and historic injustice.

“It is a landmark moment for LGBTI+ rights and for human rights in Ireland. Men will no longer carry the consequences of laws that should never have existed in the first place,” Rose added. “While the Disregards Scheme cannot undo the trauma of persecution, it will nullify any convictions for consensual same-sex activity and remove the stain of a criminal record.”

The Victorian-era law that criminalised homosexuality was introduced under British rule and carried into the State on Independence. Brian Sheehan of the LGBT+ Restorative Justice Campaign spoke about the decades of campaigning it took to introduce redress measures after that law was repealed.

“On the 25th anniversary of that repeal, the State offered an apology to those persecuted under the laws, and recognised the harms the laws did to the broader LGBTI+ community,” Sheehan said. “It has taken a further seven years of campaigning to get to last night’s legislation which will provide some redress to those who lives were severely blighted by cruel laws that criminalised ordinary loving relationships.”

Karl Hayden of the LGBT+ Restorative Justice Campaign said: “We would like to thank the many people who have supported this campaign for justice, including LGBT+ organisations across the country.

“The Minister for Justice, Jim O’Callaghan TD, has introduced a comprehensive Bill that creates a pathway for men to right a wrong done to them by the State, and for family members to clear the record of their deceased relatives,” Hayden added

The bill failed to include provisions for those dishonourably discharged from the military in similar circumstances, exclusion of those convicted pre-independence, and has limitations on those who can make an application for a deceased person and on the time limit for applications.

However, Minister O’Callaghan has indicated that he would be open to amendments as the bill now progresses to the Seanad.

Adam Long, Board Director with the National LGBTQ+ Federation (NXF), also welcomed the bill, stating: “The colonial era homophobic laws that continued to be enforced in Ireland long after independence amounted to a gross violation of basic human rights and dignity and were always profoundly unjust – a reality acknowledged by the Irish State through the official apology delivered in 2018.

“The Disregard Scheme announced in the Dáil yesterday is therefore welcome if long overdue. As the legislation now moves to the Seanad, we call on government to positively engage with amendments designed to make the scheme more effective and inclusive for victims.

“It is also important that the sterling work of political allies such as Ged Nash TD in bringing us to this point is acknowledged. At a time when malign and illiberal forces are threatening progress, we need to see similar leadership regarding the many other important issues affecting LGBTQ+ communities.”

CEO of Outhouse Oisin O’Reilly also commented on the bill, saying: “We are deeply grateful to the tireless advocates, campaigners, and survivors who worked for many years to secure this moment, often sharing painful personal experiences and persisting through long periods when progress seemed unlikely. Their commitment, determination and belief in justice have helped bring us to this point.

“The Disregard Scheme represents an important act of recognition and restoration for those directly affected. At the same time, we should be clear that the impact of criminalisation did not end with the repeal of these laws. The legacy of criminalisation continues to shape the lives of LGBTQ+ people today through poorer mental health outcomes, social exclusion, family rejection, economic disadvantage and mistrust of institutions.

“For decades, LGBTQ+ communities, organisations, and services stepped in to support people when the State failed us. In many respects, we continue to do so today. Community organisations carry the burden of providing connection, advocacy, support and safety for people who are marginalised or excluded, often with limited resources and against a backdrop of historic underinvestment and growing extremism and polarisation today.

“While this legislation is an important step towards justice, there remains unfinished business. Any meaningful process of restorative justice must also consider the wider harms caused to our communities and the role that financial redress in the form of sustained investment in LGBTQ+ organisations and services can play in addressing the legacy of that harm. This legislation should be seen not as the end of a process, but as another important step in Ireland’s ongoing reckoning with its treatment of LGBTQ+ people.”

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