‘Offensive’ views still possible under proposed hate crime Bill, McEntee says

People will still be able to voice their personal views under the proposed hate crime legislation, even if others find those views “offensive” or they make people “uncomfortable”, the Minister for Justice has said.

Speaking at the Immigrant Council of Ireland‘s National Integration Conference on Wednesday, Helen McEntee said there was a “false believe that offensive speech would be criminalised” with the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022.

“Some have erroneously claimed there is significant opposition to the legislation because of the false belief that offensive speech would be criminalised – when this is not what is being proposed,” said the Minister, adding that protection for freedom of expression was “expressly provided for in the Bill”.

People will still be able to make comments that are “offensive” or “make others feel uncomfortable” whiling having a “full and robust debate”. However, they “cannot incite hated or violence against others”.

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“You cannot use extreme forms of speech to deliberately and recklessly encourage or incite other people to hate or cause harm to a person because of your views or opinions,” she said.

[ Concerns over hate crime legislation to be considered but law to be enacted ‘within months’ - McEntee ]

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“This is not a new or radical departure in Irish law,” Ms McEntee told Wednesday’s conference, adding that incitement to hatred has been a criminal offence since 1989. The legislation is in its third stage of passing through the Seanad and aims to update laws criminalising hate speech and legislating against hate crimes for the first time.

The proposed legislation will criminalise any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a “protected characteristic”.

Such characteristics are set to include race, colour, nationality, descent, religion, ethnic or national origin, gender (including gender expression or identity), sexual orientation or disability.

Discussions are due to take place in the coming weeks between Helen McEntee and Fianna Fáil Senators who have expressed concern that the legislation will have a “chilling effect” on freedom of speech. Ms McEntee has said she will seek to resolve all Senators’ concerns but that the new law is set to be enacted “in the coming months”.

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Participants in Wednesday integration conference warned that legislation alone would not end racism or change people’s behaviours and prejudices. “We need a much more comprehensive and holistic approach to hate crime,” said Luna Liboni from the Irish Council for Civil Liberties. “Legislation is just one of the tools in a much bigger toolbox. Once we pass the legislation we need to be ready to address the roots of hate and prejudice.”

Senator Eileen Flynn underlined the need for marginalised communities to work together to combat hate crime in Irish society. “My biggest fear is people on the margins of society turning against each other. We need to create a space where communities can talk about this.”