Government to quash historic convictions for consensual sex between men, and will ban 'conversion therapy'

At least 941 men were convicted of homosexual acts prior to decriminalisation in 1994

Taoiseach Leo Varadkar finishing the Dublin Pride Run last Friday. On Tuesday, he announced the Government is to quash old convictions for consensual sex between men. Picture: Sam Boal/RollingNews

Historic convictions for consensual sexual activity between men will be disregarded under new laws being proposed by the Government.

To mark Pride Week, the Government has also said it will introduce a new law to ban conversion therapy.

Homosexuality was illegal until 1993 and at least 941 men were convicted of offences prior to decriminalisation. A working group was set up in the Department of Justice to look at the matter.

It made 95 recommendations regarding the introduction of a statutory scheme to enable the disregard of relevant criminal records, including recommendations on eligibility standards, the application process, and the offences to be included in the scheme.

Five years ago, the government made a formal apology to gay men who were criminalised for their sexual orientation.

The new measures were announced at a meeting with LGBTQI+ groups chaired by Taoiseach Leo Varadkar in Government Buildings on Tuesday. Mr Varadkar, Tánaiste Micheál Martin, and Justice Minister Helen McEntee confirmed that Government will legislate to disregard historic convictions for consensual sexual activity between men.

Mr Varadkar said: “Ireland has become a proud, progressive, and modern state. We have made great strides to promote equality and respond to the changing needs of a diverse population. However, we are not naive to think that LGBTQI+ people don’t continue to face significant barriers to full participation in public life.

“The Irish Government is committed to the promotion and protection of LGBTQI+ rights and we will work to better the lives of all in the community.

"I am particularly pleased that we are now moving to disregard historic convictions for consensual sexual activity between men. 

This was a commitment I made previously and I’m really pleased this is taking a step further during Pride Week.

Ms McEntee said there are many people who still feel the hurt and stigma created by the laws that criminalised consensual sexual activity between men.

“While we cannot undo the hurt inflicted on people who were discriminated against for simply being themselves, I do hope that today’s report brings us closer to something that can address the harm done to generations of gay and bisexual men,” she added.

Ministers have also said the National Sexual Health Strategy will be refreshed to take account of significant changes since the last policy was launched in 2015.

Speaking in the Dáil on Tuesday, Equality Minister Roderic O’Gorman confirmed that conversion therapies would be criminalised, with the aim of this becoming law in 2024.

He said the new law would focus on harmful practices and not conversations between parents and children on sexual orientation or gender identity.

The Government also confirmed €233,000 in funding to develop a new app and platform for those receiving PrEP, or pre-exposure prophylaxis, medication to reduce exposure to HIV. A further €30,000 in finding has been allocated to HIV Ireland.