Justice 'in sight' for gay men historically wronged

As Dublin city was preparing for Pride celebrations this week, inside Leinster House legislation to correct a "historical injustice" done to gay men was moving its way through the Seanad.

As part of the Government's Criminal Law and Civil Law (Miscellaneous Provisions) Bill, historic convictions for consensual same sex activity will be disregarded.

It seeks to address the legacy of laws that outlawed homosexuality prior to its decriminalisation 33 years ago and follows on from a State apology delivered in 2018.

Seven years later, long-time campaigners say that justice is now "finally in sight" for men convicted under what they called "anti-gay laws".

Under the scheme an application can be made to have a conviction for consensual same sex activity disregarded which will then lead to a review process.

Family members and partners will also be able to make applications on behalf of people who have already died.

Following the passage of the bill, a public information campaign on the disregard scheme will also take place including to Irish people abroad.

The Dáil passed the legislation two weeks ago but it is currently still in the Seanad.

Minister for Justice Jim O’Callaghan previously pledged to address what he said was a "historical injustice" before the summer recess.

Representatives from the LGBT+ Restorative Justice Campaign had stressed to the minister that time is of the essence as convicted men would now be older people.

Speaking in the Seanad this week, he said it is "extremely important that we have a disregard scheme to recognise the unfairness that was done to men since the foundation of the State" because of their sexuality.

Mr O’Callaghan said the best way to do this was with a disregard scheme as this is "better than a pardon as it disregards them [the historic convictions] and recognises they should never have been imposed in the first place".

The minister said he wanted to see the "relatively simple" scheme up and running as soon as possible.

He thanked the campaigners in the gallery and TDs from different parties who have highlighted the issue over the years.

Sinn Féin TD Aengus Ó Snodaigh previously tabled his party’s own bill to disregard the convictions, which received cross-party support and was not opposed by the Government.

Read more: Bill to disregard historic convictions introduced in Dáil

At that time, the minister said he would be bringing forward the Government’s own bill to resolve the injustice.

Mr Ó Snodaigh told RTÉ News he is "delighted" to see a "good day for closure" in sight under the Government’s legislation.

He said there were 64 convictions, and 309 proceedings began in the ten years leading to decriminalisation alone.

The Sinn Féin TD said he knew a Government bill would advance quicker than any Opposition legislation, adding that everyone wants to see the disregard process up and running "as quickly as possible", regardless of what side of the house they sit on.

He stressed that "people are not getting any younger" and that a dark cloud is still hanging over the convicted men.

"It’s a win-win. If we can all work together, we can address an injustice in our society," he said.

Campaigners from the restorative Justice Group Kieran Rose, Karl Hayden and Brian Sheehan will receive an award today before the pride parade for their work on getting the disregard legislation almost to the finish line.

At 72 years old, Mr Rose remembers a time in Ireland where the "archaic" laws were still in place.

"I was never arrested, I was lucky in that sense," he said.

He said living in rural Ireland when he was a young man was a "bleak existence", adding that many of his friends felt no choice but to emigrate "to live openly".

He said there was "almost an unspoken agreement" in some families that gay men would emigrate.

"It was like okay you’re gay, but not in our town," he said.

Mr Rose said many men convicted for same-sex offences "went to their death beds" without any form of redress.

"As an older gay man, it seems right that we are remembering and commemorating the victims of criminalisation," he said.

Mr Rose said the trauma of being arrested followed gay men and juveniles "throughout their lives", adding that research to "understand what happened them" is also important.

‘Witch hunt’

Research showed that in Tullow, Co Carlow, there were 12 cases taken in one month in 1970, Mr Rose added.

He said in Tullow "people's names and addresses were printed in the local newspapers" and called this a "purge of gay men and children" in the town.

He said it was "one of the worst cases", with juveniles as young as "15 and 16" brought before the courts.

"They were children and it was a witch hunt," he said.

Karl Hayden, 59, said for "many of us it’s a lived experience to know that we were criminalised under the law".

"For the first decade of my life as a gay man, I was criminalised under the law. People were still being prosecuted and convicted," he said.

‘We are not finished’

Mr Hayden said seeing the legislation move through the houses of Oireachtas gives him a "sense of relief" and a feeling the State has "owned up and accepted liability".

Mr Hayden said he hopes other countries can see the disregard legislation as a beacon of light and something to "use and build on".

"Little old Ireland did it again," he said, reflecting on Ireland being the first country to legalise same-sex marriage by popular vote in 2015.

"We have achieved a lot since 1993. We have come a long way. We are not finished," he said.

Their fellow campaigner Brian Sheehan said "thousands of men have lived with the burden of these convictions throughout their lives, affecting relationships, employment and travel".

He said the scheme offers an opportunity to "remove the legal scars of criminalisation and provide some measure of redress for the terrible wrong done to them by the State".

Recommendations from the group around convictions under military legislation, convictions pre-independence and the two-year time limit for applications have caused debate at each stage of the Bill.

But the campaigners say they see this legislation as a building block and another step in the right direction.

Speaking in the Dáil this week, Labour Party TD Conor Sheehan said as a country "we have come so far" but "have a much further journey to travel".

The day that President Catherine Connolly’s signs the disregard legislation into law will be seen by many as another step in this journey and a tribute the to the victims who died before ever seeing their convictions overturned, and to those who felt they had no choice but to leave Irish shores.

Mr Rose said this will be an "emotional day" to "recall and to remember what the State did" but also an opportunity to learn lessons.

"This is about the people who have gone before you," he said.