Handling approach of decriminalisation records for homosexual offences questioned in Dáil

AN EXCHANGE in the Dáil has shed light on the approach to transferring criminalisation records pertaining to historical homosexual offences to the National Archives.

Deputy Patrick Costello's questions led to a comprehensive response from Taoiseach Leo Varadkar, outlining the intricate process by which these sensitive legal records are handled.

In response to a question posed by Deputy Costello, the Taoiseach detailed the steps taken to ensure compliance with the National Archives Act 1986, as amended. The Act mandates the proper preservation and transfer of records pertaining to historical legal cases, including those related to homosexual law reform.

The exchange took a turn when Deputy Costello followed up with another question, delving deeper into the Attorney General's involvement in landmark High Court, Supreme Court, and European Court of Human Rights cases that resulted in the decriminalisation of homosexual activities three decades ago.

Taoiseach Leo Varadkar, explained that the majority of the Attorney General's prosecuting function from that era was transferred to the Director of Public Prosecutions under the Prosecution of Offences Act 1974. Legal records from the Attorney General's Office are meticulously stored, and records exceeding 30 years old are transferred to the National Archives under the 1986 Act.

It was also highlighted that the transfer of records is subject to certain exceptions outlined in the Act. Notably, section 8(4) of the Act allows for the certification of records as unsuitable for public inspection if it is determined that such access would be contrary to the public interest or could potentially cause distress or danger to living individuals.

These certified records are retained by the Office of the Attorney General and are reviewed periodically in accordance with the 1986 Act.