Time running out for gay men whose crime was consensual sex
Thirty years on, almost 1,000 convictions still to be expunged
THE quashing of almost 1,000 convictions for ‘gay’ offences prior to the decriminalisation of homosexuality 30 years ago may come too late for a dwindling group of elderly men who have been forced to live with a criminal record, campaigners have warned.
In June 2018, on the 25th anniversary of the legislation decriminalising homosexuality, the then-government under taoiseach Leo Varadkar apologised and announced a process to expunge convictions under the repealed legislation.
During Pride Week in June of this year, Mr Varadkar confirmed the Government was ‘moving to disregard historical convictions for consensual sexual activity between men’. At the time, Justice Minister Helen McEntee said legislation would be introduced to disregard 941 pre-1993 convictions.
‘They have carried this on their backs for decades’
But when Social Democrats TD Cian O’Callaghan recently sought clarity on when the convictions would be expunged, Ms McEntee could not give a date.
In response to parliamentary questions from the Dublin Bay North TD, Ms McEntee said: ‘The Victorian-era laws which were repealed by the Criminal Law (Sexual Offences) Act 1993 caused immeasurable harm to generations of gay and bisexual men, criminalising and stigmatising them simply because of their sexual orientation.
‘As the deputy will be aware, I published the final report and recommendations of the Working Group examining the feasibility of a scheme to disregard certain historical convictions related to consensual sexual activity between men in June,’ she said.
‘The report contains 95 recommendations regarding the introduction of a statutory scheme to enable the disregard of relevant criminal records. It also makes a number of recommendations on eligibility standards, the application process that should be followed, and the offences to include in the scheme.’
Ms McEntee said she is ‘committed to progressing legislation that will provide for the introduction of a statutory scheme once the report’s recommendations have been considered in detail and legal advice sought to ensure that draft provisions are legally and constitutionally sound’.
But the minister could not give a date for the publication of the legislation, beyond saying it is her ‘intention is to publish a General Scheme next year’.
In response, Mr O’Callaghan warned ‘the narrowing time scale is a source of real unease’ among campaigners and those affected by the failure to disregard the convictions – more than 30 years after decriminalisation.
He told the Irish Mail on Sunday: ‘There has been an expectation that people who went through a terrible trauma of being pursued by the State over being gay would secure some closure.
‘People experienced terrible harassment. State apologies are all well and good, but this is a simple, practical act of decency that would achieve real good. The State should be able to manage this and swiftly,’ he added.
The delay has also generated concern among campaigners.
Karl Hayden of the LGBT Restorative Justice Campaign told the MoS: ‘Given the time that is left in this Government’s term in office, the timeline is very tight.
‘Should the Coalition fail to pass the Bill, it would fall and have to be recommenced by a new administration. There are no guarantees in such a scenario that this will happen… We could be waiting another 10 years.’
Speaking about the emotional scars of those who were convicted of a crime because of their sexuality, Mr Hayden said: ‘They are of a generation that find it very difficult to talk about such convictions. Many were very young and now they are in their 70s. They may have had different lives, married and had children.
‘If this isn’t delivered, people who have carried this on their backs for decades fear they will be exposed.
‘We call on the Government to publish a timetable, with a date in the early autumn to bring the legislation to the Oireachtas.’
Mr Hayden also stressed: ‘We want to make it clear no one here is looking for compensation. If that is in people’s minds they can rest assured. They just want their convictions expunged.’
A spokesman for Ms McEntee’s department said the Working Group report ‘marks an important moment in efforts to address some of the lingering harms of the past’.
They added: ‘It is the minister’s intention to progress legislation that will provide for the introduction of a statutory scheme once the report’s recommendations have been considered in detail and legal advice sought to ensure that draft provisions are legally and constitutionally sound.
‘Government approval will then be sought to prepare a General Scheme for a Bill with the intention to publish next year.’
‘This is a simple, practical act of decency’