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Legislative Measures

Dáil Éireann Debate, Thursday - 17 February 2022

Thursday, 17 February 2022

Questions (137)

Pauline Tully

Question:

137. Deputy Pauline Tully asked the Minister for Justice the status of the Criminal Justice (Hate Crime) Bill 2021; and if she will make a statement on the matter. [8703/22]

View answer

Written answers

The General Scheme of the Criminal Justice (Hate Crime) Bill 2021 was published on 16 April 2021 and it can be accessed on my Department's website.

Following its publication in April 2021, the General Scheme was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny, which took place on 17 November 2021. The report of the Committee is awaited. The Bill has also been referred to the Office of Parliamentary Counsel for drafting.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The protected characteristics set out in the General Scheme include; race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender; or disability.

The General Scheme provides for amendments to the Non-Fatal Offences Against the Person Act to provide for assault offences, threats to kill and harassment which are aggravated by prejudice against one of the protected characteristics and also provides for aggravated forms of criminal damage and public order offences.

The aggravated offences will generally carry an enhanced penalty, compared to the ordinary offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

I intend to publish the new Hate Crime Bill in the summer. 

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