Dáil Éireann Debate, Tuesday - 6 December 2022
29. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will outline the range of powers that gardaí have when investigating online hate speech, incitement to hate, online threats and intimidation; if she will outline any plans to enhance those powers for gardaí; and if she will make a statement on the matter. [60617/22]
Amharc ar fhreagraIreland has become a more diverse and welcoming country in recent decades but regrettably there is a small minority who subject others to abuse or attack resulting from their own prejudice.
It has been a priority for this Government to legislate for hate crime and hate speech, to ensure that Ireland is a safe and secure place for all.
As the Deputy is no doubt aware, the only legislation currently in force which deals specifically with hate-based offences is the Prohibition of Incitement to Hatred Act 1989.
Having said that I am sure the Deputy is also aware that a hate motive for any criminal offence is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing.
I am also informed by the Commissioner that a range of other legislation is available to An Garda Síochána to investigate threats and intimidation including:
- Harassment, Harmful Communications & Related Offences Act 2020 (otherwise known as Coco’s Law)
- Non-Fatal Offence Against the Persons Act 1997
- Domestic Violence Act 2018 (s.39 Coercive Control)
- Criminal Justice (Public Order) Act 1994
Although incitement to hatred is already an offence, experience has shown that it is difficult to prosecute and there have been very few convictions since the introduction of the 1989 Act.
That is one of the reasons why my Department has been working to finalise the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. The text of the new legislation was approved by Government and published in October and is progressing through the Oireachtas. It is anticipated that the Bill will be enacted in early 2023.
The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred against a protected characteristic, or where the perpetrator demonstrated hatred at the time of committing the offence. The protected characteristics for the purpose of the legislation are; race; colour; nationality; religion; national or ethnic origin; descent; gender; sex characteristics; sexual orientation; and disability.
Under this new legislation, Gardaí will have certain powers of search and seizure when investigating suspected offences of incitement to violence or hatred. A District Court judge may grant a search warrant of a place when they believe there are reasonable grounds for suspecting that evidence of one of these offences may be found at this place.
The Garda executing the search warrant will have the power to examine, seize and retain anything they find which they reasonably believe may be evidence. This includes the power to seize a computer and require any passwords for this computer to be provided – which is essential in the investigation of online hate speech.
This is a hugely important piece of legislation that will better support Gardaí in prosecuting and securing convictions for hate crimes and hate speech. It will also, importantly, tell victims of hate crimes that we are determined to help them, and will also let perpetrators know that they will be punished for spreading hatred, prejudice and contempt.
