Minister for Justice Helen McEntee has removed controversial provisions on hate speech from criminal justice legislation that the Seanad has passed, more than a year after it was last debated in the Upper House.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) was approved last year by the Dáil, but stalled in the Seanad after criticism by backbenchers, Senators, free speech groups and tech billionaire Elon Musk.
Introducing the amendments on Wednesday evening Ms McEntee pointed to comments by Senators last year that the Bill would “get through in a heartbeat” if the hate crime elements were separated out.
The amendments in the Seanad remove parts of the Bill that deal with incitement to violence and hatred, the hate speech elements, but leave in the provisions dealing with hate crime.
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Longer prison sentences will apply where hate is proven as motivation for an offence. Tougher sentences will also apply to assault or damage to property where hatred is proven as an aggravating factor.
Ms McEntee said she wanted to “remove the incitement to violence or hatred provisions entirely from this Bill so that we can progress this important element of legislation and send a very clear message that hatred and violence are not tolerated in our society.
“I have said very publicly that I believe we need to update our 1989 Acts. I absolutely believe this needs to be next on our agenda.”
She said “the core purpose of this hate crime legislation is to publicly recognise the harm that is caused by criminal conduct motivated by hatred and to make clear that this will not be tolerated.
“Hate-aggravated offences have been criminalised in most western nations. Hate crimes challenge our societies by directly undermining a sense of belonging and place which is central to inclusive communities.
“We must do everything we can to protect people from being targeted just because of who they are, particularly in the current climate of increasing intolerance, hatred and violence towards vulnerable and marginalised communities.”
The truncated Bill removes references to incitement to violence or hatred and to the EU framework decision on combating racism and xenophobia and its title changes to Criminal Justice (Hate Offences) Act.
Independent Senator Rónán Mullen welcomed the Government taking on board “the serious concerns people had about this legislation in its original form, as passed by the Dáil, and its implications for legitimate freedom of expression on important issues of controversy”.
He said that Irish society “is in the middle of a cancel culture. People attempt to weaponise taking offence at other people’s communication in order to close down the expression of opinions and ideas they disagree with and believe should not be allowed.
“Such a culture is of course toxic to any free society,” he said. But he said “I do not understand why the Government’s response was simply to cut that out of the Bill.” He believed it could have addressed the issues through engagement with interested parties.
There has also been criticism of the definition of gender but the term “transgender” and the phrase “a gender other than those of male and female” will remain in the legislation, which now goes to the Seanad.
There was no vote as opponents did not have the required five Senators for a vote to take place.
The legislation now goes back to the Dáil, probably next week.
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