Dáil Éireann Debate, Thursday - 18 April 2024
241. Deputy Carol Nolan asked the Minister for Justice if she is aware of developments in Scotland since the recent commencement of new hate crime and hate speech legislation there; how recent experience there will inform her Department's progression of its hate crime and hate speech Bill; and if she will make a statement on the matter. [17232/24]
View answerThe Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill will legislate against hate crimes for the first time in Irish law and bring us into line with our European counterparts. It will also update our existing incitement to hatred laws dating from 1989 to ensure compliance with EU law and to better reflect modern methods of communicating. In doing so, it will update and simplify existing offences to reflect the online context in which people now communicate and to ensure the legislation is more effective.
I note the recent enactment of the Hate Crime and Public Order (Scotland) Act 2021.
There have been many misconceptions in relation to what has been proposed. It is not the case that offensive speech will be criminalised under the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill. Nor does it represent a new or radical departure in Irish law.
The provisions of the Incitement to Violence or Hatred and Hate Offences Bill have been carefully developed, in line with the respective Programme for Government commitments, following extensive stakeholder consultation and pre-legislative scrutiny.
Existing laws which already criminalise extreme hate speech dating back 35 years – under the Prohibition of Incitement to Hatred Act 1989 – are being updated to reflect the modern context, including the online context.
There are specific defences and protections for freedom of speech and expression contained within the Bill. These important rights are also protected by the Irish Constitution and the European Convention on Human Rights.
The line which the legislation draws is that you can be offensive, say things that make others uncomfortable, have full and robust debate - but you cannot incite hatred or violence against others.
It is my intention to progress the Bill to enactment, as it meets an important programme for Government commitment. However, I acknowledge the concerns that have been raised around certain provisions in the Bill. To this end, I am currently considering appropriate amendments to the incitement to violence or hatred provisions to address these concerns, which I will bring forward at Committee stage in the Seanad in due course.
