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Legislative Programme

Dáil Éireann Debate, Tuesday - 24 May 2022

Tuesday, 24 May 2022

Questions (550)

Alan Farrell

Question:

550. Deputy Alan Farrell asked the Minister for Justice the steps that have been taken regarding hate crime legislation; and if she will make a statement on the matter. [26291/22]

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Written answers

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice.

We live in a diverse and welcoming country and our law and values should reflect this. Work is ongoing as a priority to legislate for hate crime and hate speech to ensure that Ireland is a safe and secure place for all.

A hate crime occurs where an offence is committed (for example assault or criminal damage), but where the victim is targeted because of their association, in the mind of the perpetrator, with a particular identity characteristic, e.g. sexual orientation or ethnicity.

Hate crimes are signal crimes. They tell the victim that they are not safe simply because of who they are. They send the disgusting message to victims that they, and people like them, are somehow lesser than the rest of us which is unacceptable.

These crimes are motivated by prejudice. They make victims feel afraid for their future, their friends and their families. They lead to a divided society, where whole communities can feel unsafe and angry. It’s important that we recognize the true harm of these crimes and ensure that our legislative framework can tackle them.

In November of 2020 I announced my intention to bring forward new legislation to combat incitement to hatred and hate crime in Ireland. This announcement followed on from 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 five other jurisdictions.

The purpose of the extensive consultation was to ensure the government’s proposal was based on the lived experience of those impacted by hate incidents.

On 16 April 2021 I published the General Scheme of the Criminal Justice (Hate Crime) Bill 2021.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. 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.

Following its publication, the General Scheme was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny, which took place on 17 November 2021. The Committee published its report in April and its recommendations are being considered as part of the drafting process.

In line with commitments in the recently published Justice Plan 2022, I intend to publish the Hate Crime Bill in the summer.

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