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Legislative Measures

Dáil Éireann Debate, Wednesday - 3 March 2021

Wednesday, 3 March 2021

Questions (696)

Carol Nolan

Question:

696. Deputy Carol Nolan asked the Minister for Justice if legislation has been passed and enacted that defines a hate crime and a non-hate crime; and if she will make a statement on the matter. [11962/21]

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Written answers

In line with a commitment under the Programme for Government I recently announced my intention to bring forward new legislation to combat incitement to hatred and hate crime in Ireland. This announcement coincided with the publication of the results of a widespread consultation process, which included in-depth consultations with various civil society and community groups, academics and experts, a public consultation process and a detailed comparative study of approaches to hate crime in 5 other jurisdictions.

The purpose of this extensive work was to ensure my Department could identify how Ireland’s law in this area could be improved, based on a clear understanding of the experiences of those impacted by hate speech and hate crime.

The Deputy will be able to see from the report and the appendices that many of those who engaged in the consultation process were victims of hate speech and hate crime themselves, while others were concerned about the very real need to respect the human rights of everyone involved, including the right to freedom of speech.

The report and its appendices are available on - http://www.justice.ie/en/JELR/Legislating_for_Hate_Speech_and_Hate_Crime_in_Ireland_Web.pdf/Files/Legislating_for_Hate_Speech_and_Hate_Crime_in_Ireland_Web.pdf

I have tasked my officials with drawing on the conclusions of the Report to draft the General Scheme of a new Hate Crime Bill, which will deal with both incitement to hatred and hate crime. It is my intention to bring the General Scheme to Government before Easter of this year. The new legislation will provide the necessary means to prosecute perpetrators who deliberately or recklessly incite hatred against others on the basis of a protected characteristic, while bearing in mind the provisions of the Constitution and our human rights obligations including those contained in the European Convention on Human Rights Act 2003 to protect the right to freedom of expression.

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