The Irish Human Rights and Equality Commission (IHREC) today welcomed the proposed establishment of a statutory Disregard Scheme for certain historical convictions relating to consensual same-sex sexual activity.
Chief Commissioner Liam Herrick said:
“The scheme represents an important step towards addressing a long-standing historical injustice experienced by gay and bisexual men who were criminalised under laws that are now recognised as fundamentally incompatible with human rights and equality.”
It will introduce an application-based scheme allowing eligible individuals to apply to have qualifying historical convictions formally disregarded. The measures follow the recommendations of the multi-stakeholder Working Group established to examine options for a disregard scheme and fulfil a commitment contained in the Programme for Government.
IHREC has consistently called for measures to address the enduring impact of historical convictions and has engaged over a number of years with Government and stakeholders on the development of an effective disregard scheme.
Mr Herrick continued:
“IHREC has long advocated for a statutory disregard scheme as an important human rights measure. While no legislative scheme can undo the harm experienced by those who lived under these discriminatory laws, enabling people to clear their records is an important act of recognition and redress. “Ultimately, today marks a significant milestone in acknowledging a profound historical injustice. For decades, gay and bisexual men were criminalised simply because of who they were and whom they loved. The consequences extended far beyond the courtroom, affecting employment, travel, family relationships, reputation and personal dignity throughout their lives. This decision sends a clear message that the State acknowledges such abhorrent discrimination was wrong and should never have occurred.”
Note to Editor:
The Disregard Scheme will be established by the enactment of the Civil Law, Criminal Law and Defence (Miscellaneous Provisions) Bill, which has been passed by the Seanad today.
The Disregard Scheme was a late addition to a wide ranging Bill, IHREC made legislative observations on other issues within, see here: and appeared before the Justice Committee for pre legislative scrutiny on those issues Bill, see here:
The Disregard Scheme was added as an amendment at a later stage in the Bill.
IHREC sat on the Departmental Working Group examining the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men.