Dáil Éireann Debate, Wednesday - 13 May 2020
418. Deputy Cian O'Callaghan asked the Minister for Justice and Equality his plans to introduce hate crime and hate speech legislation; the steps he is taking to protect the LGBTI+ community from hate crime and hate speech acts; and if he will make a statement on the matter. [5202/20]
View answerThe Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of their sexual orientation, race, colour, nationality, religion, ethnic or national origins, or membership of the travelling community. In addition, a hate motive may be considered by sentencing judges as an aggravating factor increasing the sentence imposed, where a person has been found guilty of a crime such as assault.
As the Deputy may be aware, my Department is working to update Ireland’s criminal law on both hate speech and hate crime as a priority.
A comprehensive public consultation has been carried out to assist in this process, including a public survey and an opportunity for stakeholders to make formal submissions. This consultation has been carried out to ensure that the Department fully understands the lived experience of those impacted by hate speech and hate crime as well as the views of professionals and other stakeholders in the field, so that the laws developed are robust, clearly understood and effective in dealing with unacceptable incidents.
There has been strong engagement by the public with this topic. The Department has received in the region of 3,800 written responses to the consultation, including approximately 175 detailed written submissions.
In parallel, my Department has carried out comparative research on international best practice on hate crime legislation. This research is currently being finalised and is expected to be published shortly.
My officials are analysing all of these materials, as well as other relevant legal and policy information, to ensure that any legislative proposals which are made are evidence-based, proportionate and effective, while respecting freedom of expression.
There will be a further opportunity for stakeholders to share their views when the legislative proposals on this important issue are published for discussion.
I am confident that the approach being taken - including research and providing the opportunity for experts and members of the public to provide their views through consultation - will help to ensure that the legislation we develop will deliver a safer, fairer and more inclusive Ireland for everyone, now as well as into the future.
Finally, the Deputy may also be interested to note that my Department has also been responsible for bringing forward a number of inclusion strategies which are designed to promote equality and inclusion and to tackle discrimination and prejudice, including the National LGBTI+ Inclusion Strategy which was launched in November 2019. The Strategy includes a number of actions relating to incidents of hate speech and hate crime and supports for victims under the fourth thematic pillar of the Strategy, which is aimed at ensuring that LGBTI+ people feel safe and supported.
