LGBT Disregard

The Minister for Justice approved the establishement of a Working Group to Examine the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity Between Men in March 2021. The Working Group was established in June 2021 and began to research and study what a Disregard Scheme could cover and how it could operate.

In May 2022 the Working Group issued a progress report advising the holding of a public consultation. This was to ensure that those affected, whether directly or indirectly, their family and friends, as well as the wider LGBTQIA+ community and organisations could shape the disregard scheme based on their lived experiences of the harmful impact of criminalisation.

“The work currently being undertaken by the Working Group is of clear public interest and the issues it is considering must be considered with great sensitivity and respect to the harmful impact that criminalisation and resulting convictions had on the men affected, as well as their friends and family and the wider LGBTQI community.”

Working Group Progress Report, May 2022

The public consultation was guided by these questions and concluded on December 9^th 2022. A total of 148 submissions from LGBTQIA+ organisations, following discussions over a number of months, and other organisations and individuals. Some of those submission are included below. A summary report of the consultation was produced by the Working Group.

The Working Group issued its Final Report in June 2023, with 95 recommendations across a number of areas.

“The statutory provisions that criminalised consensual sexual activity between men in Ireland came into effect during British rule and remained in force following the foundation of the State. As a result, sex between adult males was criminalised from 1634 until de-criminalisation in 1993. It is now widely recognised that this criminalisation was an affront to human dignity and represents a historical injustice.“

Working Group Final Report, June 2023

The Final Report carried a comprehensive review of the issues, and made recommendations for the operation of a statutory Disregard Scheme, that would apply to a wide range of relevant offences, including relevant offences under Military Law, the criteria that would apply to any Disregards, the application processes for a Disregard, and the Human Rights considerations.

The Government undertook to consider the recommendations of the Working Group, and, as of February 2026, have agreed to bring forward provisions for a Disregard Scheme in the Criminal and Civil Law (Miscellaneous) Bill currently going through the Oireachtas.