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Posthumous clearing sought of same sex activity convictions

The Minister for Justice said he plans to table an amendment to the Civil Law (Miscellaneous Provisions) in March
The Minister for Justice said he plans to table an amendment to the Civil Law (Miscellaneous Provisions) in March

A campaign group has recommended that legislation to disregard criminal convictions for consensual same sex activity include the posthumous clearing of convictions.

The Government is set to bring in legislation to disregard any convictions meted out when homosexuality was still illegal in Ireland.

It is estimated that at least 941 men were convicted of 'homosexual acts' before decriminalisation in 1993.

Minister for Justice Jim O'Callaghan said in the Dáil that he plans to table an amendment to the Civil Law (Miscellaneous Provisions) "hopefully sometime in March".

Kieran Rose from the LGBT Restorative Justice Campaign was on the working group for the legislation and said it was "open, generous and inclusive".

Speaking on RTÉ's Morning Ireland, he said it was felt that the legislation should be as "friendly and open" as possible.

"One of the things that we recommended and we hope will go through is that it can be posthumous, so there could be quite a large number," he said.

"And also that it would allow for the relatives of somebody who was convicted to apply.

"It's crucial that justice is seen to be done and seen to be done fairly, and I think it would be wrong that the Department of Justice - which oversaw the criminalisation, kept it in place, defended it at the European Court of Human Rights and the Supreme Court - it would be wrong that it would be judging its own violations of human rights."

Mr Rose said the minister has committed to bringing in the legislation by amendment to the current miscellaneous bill in March.

He said this will "hopefully" go through the Dáil "fairly quickly".

"It would be great if on the anniversary of gay law reform in June 1993, if June this year the legislation was in place," he added.