Bill to undo convictions for consensual gay sex introduced 32 years after decriminalisation of homosexuality

Irish Times

16 hours ago

A Bill to undo historic convictions for consensual gay sex between men has been introduced in the Dáil, more than 30 years after homosexuality was decriminalised.
Hundreds of men were convicted since the State's foundation, and the legislation will 'right a wrong, something that should have been delivered many, many years ago', Sinn Féin TD
Aengus Ó Snodaigh
said as he introduced the Disregard of Historic Offences for Consensual Sexual Activity between Men Bill on Tuesday.
The legislation, developed with a number of campaign groups, was cosigned by Opposition parties and Independents. Mr Ó Snodaigh said it was one of 95 recommendations of the report of a working group established in 2021.
The State decriminalised gay sex in Ireland 32 years ago but 'it failed to address the legacy of that' to 'ensure that those men who have criminal convictions can disregard that conviction so that it is no longer a weight on their shoulders and a weight on our society'.
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Speaking later outside the Dáil, Mr Ó Snodaigh said the exact number of those convicted under the legislation is not known, but one piece of research showed that in Tullow, Co Carlow in 1970, 12 criminal prosecutions were taken in one month.
Labour
's Conor Sheehan said: 'many men live with the trauma inflicted upon them by a society who told them they shouldn't exist'.
Despite an apology in 2018, no action was taken to disregard these convictions and many men are living with 'shame and stigma' and a trauma that 'drove many people to their graves. Gay men were driven underground', by the legislation, he said.
Urging the Government to support the Bill, Mr Sheehan said he was conscious that he was fortunate enough to be able to live openly as a gay man.
Social Democrats TD Pádraig Rice said 'the prosecution and convictions of hundreds of gay men for consensual sex was a gross violation of their human rights and did immeasurable damage.
'These arrests and convictions destroyed lives. The laws also had a negative impact on those who weren't convicted because the threat of prosecution was used to harass people in the community.'
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He said the arcane laws also had a 'huge impact on the provision of public services, including HIV/Aids prevention'. Mr Rice warned that 'we are running out of time for these men', many of whom were elderly, and they needed immediate action from Government.
Green Party leader
Roderic O'Gorman
said the legislation stated 'whoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be kept in penal servitude for life'.
He said framing homosexuality in legislation from the 1860s showed the 'absolute moral condemnation' for being gay.
The same approach is being adopted currently, he said. 'It was adopted in Poland up to the recent change in the general election there. It's adopted in Hungary today.
'We see that same language online and I think that's why it is so important that we are moving to disregard these convictions.'
People Before Profit TD Paul Murphy said 'this is not just a matter of righting a historic wrong. It's about sending a message at a time when LGBQ rights are under attack in this country and globally, that love is love and homosexuality is never a crime'.
Independent TD Catherine Connolly said some of the legislation went back to the 17th century and had nothing to do with justice or fairness. 'It was homophobia at its worst.'