IPRT submission on Disregard of Convictions for Certain Qualifying Offences related to Consensual Sexual Activity between Men

1st December 2022

IPRT made a submission to the public consultation on key issues related to the Disregard of Convictions for Certain Qualifying Offences related to Consensual Sexual Activity between Men (LGBT Disregard).

The public consultation followed a survey format. 

IPRT made a number of recommendations in response to the questions posed including;

• Applicants should not have to engage directly with the Department or An Garda Síochána that many of them may consider are directly responsible for the criminalisation of consensual sexual activity between men. 
• The option of making a formal statement should be available but should not be required to participate in the disregard scheme. People should be given the opportunity to consent to make a statement if they feel this is appropriate and would form part of the restorative process for them. If someone does make a statement, then appropriate therapeutic supports should be made available to them to ensure that they are not retraumatised by their treatment in the past. 
• A public information campaign should take place. This should include direct consultation with rights-holders and organisations that work directly with the LGBTI+ community to ensure that the content and tone of the campaign instils confidence in it.  
• Any records held on a person that was not actually convicted of any crime should be considered under the disregard scheme and we would question why any documents are still held on file. 

• The principles of restorative justice should apply to ensure that people who were wrongfully convicted for engaging in consensual sexual activity between men are involved in the process and feel that their voices are heard and that the State takes responsibility for this.  

  IPRT is keenly aware of the long-lasting impact that a conviction can have on all aspects of a person’s life and how it can follow them for decades. It means that people carry the stigma and shame of a conviction when applying for employment, housing, insurance or even volunteering. Where that conviction was for an activity that should not have been criminalised in the first place, this can only compound the trauma experienced by the person with a conviction.   

  The disregard scheme should consider what impacts the conviction had on the lives of these men and ensure it takes the most progressive route possible.  

Read IPRT's submission to the LGBT Disregard public consulation here.

IPRT's submission was widely referenced in the Final Report of the Working Group to Examine the Disregard of Convictions Related to Consensual Sexual Activity between Men. 

Read the Final Report on LGBT Disregard here.