The following article is reproduced without permission from the front page of the Irish Times of Saturday, May 16, 1992. Homosexuality Law Reform Pledge From Sean Flynn, in Brussels The Government has told the Council of Europe that it intends to bring forward legislation to decriminalise homosexuality before the end of this year. The move is a response to pressure from within the 27-nation council about the Government's continued failure to respond to a 1988 ruling of the European Court of Human Rights. The court found that the State's law on homosexuality violated the European Convention on Human Rights. The Government was obliged to respond to the ruling within a "reasonable" time period. But sources within the council say that there was increasing exasperation about the State's continuing failure to introduce legislation. The Government's intention to proceed with reform of the law was announced by Ireland's ambassador to the Council of Europe, Mr Liam Rigney, at a meeting in Strasbourg yesterday of ambassadors from member states. The announcement has been greeted with sceptism by Senator David Norris, who brought the 1988 case against the Government. Since the ruling the Government has repeatedly promised to table new legislation, but these promises had not been honoured, he said. There is no reference to the proposed new law in the legislative programme for the current Dail session, which ends in the summer. The European Court of Human Rights, which operates under the aegis of the Council of Europe, is the guardian of the European Convention of Human Rights. In the Norris case, Ireland's ban on homosexual acts between consenting adults was found to be repugnant to Article 8 of the Convention, which states that "everyone has the right to respect for his private life". The Government's announcement yesterday comes only days after Senator Norris instructed his solicitors to re-enter the case at the European Court in Strasbourg. Any such move would lead to further international embarrassment for the Government and could lead to a substantial award of damages to Senator Norris. The key issue in terms of any legislation will be the age of consent. Senator Norris said yesterday that this must be fixed to ensure parity with the law for heterosexuals. Any more restrictive regime would, he said, criminalise young people. It is unclear whether the 1988 judgment would compel the Government to allow the same age of consent for both homosexuals and heterosexuals. Legal sources in Strasbourg said that this was very much an open question. "The 1988 judgment refers to homosexual acts among consenting adult males. It very much depends on what one makes of the reference to adult males," said one source. The Gay and Lesbian Network yesterday welcomed the Government's commitment to reform the law. ================================================================= EDITORIAL: HOMOSEXUAL LAW REFORM [page 11, same paper] The Government's assurance to the Council of Europe of its intention to introduce legislation to decriminalise homosexuality before the end of the year is welcome. However, it is difficult to reconcile with the recent comment from the Taoiseach [Prime Minister], Albert Reynolds, that this was not a legislative priority. The decision of Senator David Norris, the campaigner for homosexual law reform, to initiate legal proceedings once again is understandable in the circumstances. The European Court of Human Rights found Irish legislation to be in breach of the Convention on Human Rights in 1988. The Council of Europe which should not be confused with the European Community, comprised as it is of a larger body of 27 states, has become understandably impatient with the tardiness of the Government response. While the Council has no real sanction beyond the unlikely step of expelling the Republic from its membership, this failure to comply with the court's ruling calls into question the Republic's respect for the convention. The apparent reluctance of the Government to respond would be understandable were homosexuality in reality repugnant to official Ireland and were the legislation accordingly enforced. However, the draconian 19th century legislation which remains on the statute books and provides for a life sentence for the act of buggery, is not enforced. It would appear that public morals and sensibilities survive without the State prosecuting men for consensual homosexual activity. * * * The continued existence of this punitive legislation makes homosexuals vulnerable to blackmail and discrimination. It is perhaps this latter reality which opponents of the legal reform would prefer to retain. They may fear that the open profession of homosexuality by adults in positions of influence would convert more people to their sexual preference. This attitude ignores the evidence that in very different societies a sizeable minority of the population shares a homosexual orientation for reasons over which they have no control. The public denial demanded in the Republic of all but the bravest must cause great unhappiness and isolation. Mr Reynolds professed a desire to make Irish society more open when he became Taoiseach. His early submergence in the political minefield of abortion may have dampened his ardour for social reform. If he does not now act on the assurance which his representative has given to the Council of Europe, his liberal claims will be questionable. His predecessor [Charles J. Haughey] was a master of the Irish solution to the Irish problem. The non-enforcement of the existing legislation is such a solution. The Reynolds's era had seemed to promise a departure from such ambiguities. It is time that it lived up to that promise. ================================================================= Based on the Irish Government's performance to date, I am inclined to share David Norris's skeptism. I don't know if any progress has been made during the last week. Nor do I know how the various fundamentalist groups have reacted. _________________________________________ George V. Reilly