Dáil Éireann Debate, Thursday - 19 November 2020
281. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she can protect the freedom of speech and at the same time protect the use against the use of such freedom to incite hatred; and if she will make a statement on the matter. [37661/20]
View answerIncitement to hatred is a criminal offence under the Prohibition of Incitement to Hatred Act 1989. The Act is currently under review and the Programme for Government commits to introducing, within 12 months, legislation to address those who target victims because of their association with a particular identity characteristic, and to revise and update the Incitement to Hatred Act. My Department is working to prepare this legislation on hate crime and hate speech as a priority.
As part of this work a comprehensive public consultation has been carried out which included a public survey and an opportunity for stakeholders to make formal submissions. This consultation was conducted 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. This is necessary to ensure the laws developed are robust, clearly understood and effective in dealing with unacceptable incidents.
I am pleased with the high level of engagement by the public with this important topic and can inform the Deputy that my Department received in the region of 3,800 written responses to the consultation, including approximately 175 detailed written submissions.
In addition to this comprehensive consultation and in order to ensure that the final legislation will be effective, my Department also carried out comparative research on international best practice on hate crime legislation. This research is currently being finalised and I expect to publish it very shortly.
The purpose of this work is to ensure that the legislative proposals presented are evidence-based, proportionate and effective, while respecting important rights to freedom of expression and association. 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 would reassure the Deputy that all legislative proposals are developed and put forward bearing in mind the provisions of the Constitution and our human rights obligations.
The right to freedom of expression is a fundamental human right, which is provided for in the Irish Constitution and in both the European Convention on Human Rights and in the European Charter of Fundamental Rights. However, like other rights in our constitution, it is not an absolute right, and can be limited or restricted by law but this can only happen where there are compelling reasons, including protecting other fundamental human rights. Any such limitation or restriction must be necessary, proportionate and explicitly provided for in law.
I am confident that the approach taken to the reform of our legislation in this area - including through the research conducted and providing the opportunity for experts and members of the public to provide their views through consultation - will ensure that the legislation we develop plays a significant part in delivering a safer, fairer and more inclusive Ireland for everyone, now as well as into the future. This is the mission of my Department and as Minister I am fully committed to combatting racism and prejudice as a key part of this.
