Rap group Kneecap would not be criminalised under new anti-terrorism legislation being introduced in the Dáil, Minister for Justice Jim O’Callaghan has reiterated.
In the aftermath of the band’s high-profile performance at the Glastonbury music festival over the weekend, Mr O’Callaghan said similar UK legislation was “much broader” and, he believed, would not be enacted by the Oireachtas.
Band member Liam Óg Ó hAnnaidh, whose stage name is Mo Chara, has been prosecuted for the alleged display of a Hizbullah flag at a Kneecap concert in London last November. Hizbullah is a proscribed terrorist organisation in the UK.
He appeared at Westminster Magistrates’ Court on June 18th. He was also filmed saying “up Hamas, up Hizbullah”. A further hearing will be held on August 20th. Mr Óg Ó hAnnaidh is contesting the charge.
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Speaking at the launch of the Flac (Free legal advice centres) annual report on Monday, Mr O’Callaghan said the anti-terrorism Bill he introduced in the Dáil last week was “not legislation that would criminalise Kneecap for what they are being prosecuted for in the UK”.
The Minister said he did not get to watch the Glastonbury festival. “It seems to be making a bit of noise over in the UK,” he said.
“I’m not in the business of commenting on musical or artistic events. They happen every weekend. If I did that, I’d be busy every Monday morning.”
At the weekend, the UK’s Metropolitan Police confirmed nobody in Kneecap is to be prosecuted over comments at a concert in November 2023, allegedly calling for British Conservative Party members of parliament to be killed.
A clip posted on social media allegedly showed an unidentified member of the group saying: “Kill your local MP. The only good Tory is a dead Tory.”
In a statement, the police force said it was dropping the inquiry because the alleged offences happened outside the statutory time limit for prosecution.
However a police spokeswoman said the matter was entirely separate from the anti-terrorism charge against Liam Óg Ó hAnnaidh.
At their Glastonbury appearance, his bandmate Naoise Ó Cairealláin said they would “start a riot outside the courts”, before clarifying: “No riots, just love and support, and support for Palestine.” Their performance was not live-streamed by the BBC but broadcast later with some edits.
Politicians and festival organisers criticised rap duo Bob Vylan who led chants of “Free, free Palestine” and “Death, death to the IDF”. Avon and Somerset Police are assessing video evidence to determine whether a criminal investigation is necessary.
In the Dáil last week, Mr O’Callaghan introduced the Criminal Justice (Terrorism Offences) (Amendment) Bill which broadens and expands the category of terrorist offences to bring it in line with a 2017 EU directive.
It revises the definition of provoking terrorism, stating that the glorification of a terrorist activity, including by praise or celebration, “may be considered publicly provoking the commission of a terrorist offence”.
The Minister insisted, however, that the legislation would not have a “restrictive impact on protest or freedom of expression”, which are protected by the Constitution.
Even if people express political opinions “that are supportive of terrorist activity” they will not be prosecuted. “You have to be inciting somebody to commit or with the intention of committing terrorist activity,” he said.
He said the UK legislation was “alarmingly wide” and makes it an offence if, in public, a person “wears, carries or displays an article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation”.
The Irish legislation will also make cyberattacks a terrorist offence, and includes offences for travelling or facilitating travel for the purposes of terrorism and receiving or providing training for terrorism.
