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Departmental Consultations

Dáil Éireann Debate, Wednesday - 17 January 2024

Wednesday, 17 January 2024

Questions (1046)

Pauline Tully

Question:

1046. Deputy Pauline Tully asked the Minister for Justice if consultation has taken place with disabled persons representative organisations in relation to the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. [57012/23]

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Written answers

The Government is fully committed to fighting racism, prejudice and bigotry, and strongly condemns the actions of those who abuse and attack others because of their own prejudices against any part of a person’s inherent identity, including any disability that a person may have. Ireland is a diverse and tolerant country that strives to facilitate full participation in society by all and endeavours to support and protect those who need it.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will reinforce the protections that already exist in law in the Prohibition of Incitement to Hatred Act 1989 and extends the existing list of protected characteristics to include persons with disabilities.

The protected characteristics that underpin the new legislation are race; colour; nationality; descent; religion; ethnic or national origin; sexual orientation; sex characteristics; gender (including gender expression or gender identity), and disability.

Development of the legislation was informed by an extensive public consultation process that began in 2019. The consultation included an online survey, written submissions and in-depth engagement with civil society and community groups, academics and experts and drew almost 4,000 responses. This ensured that the legislative proposals that followed were informed by the actual needs and lived experiences of those who are most often targeted by hate speech and hate crime.

A number of organisations and groups representing persons with disabilities took part in the public consultation by making formal submissions and taking part in workshops. Since that time, several of these organisations and experts in the area of hate crime and disability have made further contributions through submissions to the Minister and the Department of Justice and at the public hearing for Pre-Legislative Scrutiny of the Bill before the Oireachtas Justice Committee.

Hate speech and hate crime are particularly damaging because of the way they limit participation and promote the exclusion of those who are targeted. The direct harms caused in the commission of offences are prolonged and magnified by the hatred and targeting of minorities.

It was very welcomed and very much appreciated that representatives of people living with disability and disabled persons themselves ensured that their specific experiences informed development of the Incitement to Violence or Hatred and Hate Offences Bill 2022. Their testimonies have highlighted their experience of vulnerability to being targeted by hate speech and hate crime and of how this affects their ability to participate in society. Representative organisations also testified to particularly spiteful hate speech occurring online.

The perception of disabled persons as easy targets can result in people avoiding particular places or situations, such as public places and transport. Disabled persons may also have more difficulty than others in responding to hate speech or hate crime targeted at them. The new legislation will provide important protections and has been roundly welcomed by these groups.

Among the organisations that have made contributions in respect of persons with disabilities throughout the process of developing the Bill, are: The Irish Deaf Society, Irish Wheelchair Association, National Council for the Blind of Ireland, National Federation of Voluntary Service Providers, Independent Living Movement Ireland, National Platform of Self Advocates, Voluntary Services at St Micheal’s House, Peamont Community Services, Chime (The National Charity for Deafness and Hearing Loss), The Irish Human Rights and Equality Authority, Inclusion Ireland, The National Council for People with Disabilities, The National Disability Authority and Voice of Vision Impairment.

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