Seán Fleming
Ceist:194. Deputy Sean Fleming asked the Minister for Justice his views on a matter in relation to justice administration (details supplied); and if he will make a statement on the matter. [8960/23]
Amharc ar fhreagraWednesday, 22 February 2023
Ceisteanna (194)
Freagraí scríofa
Minister McEntee published the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill last October which addresses both incitement to hatred or violence and hate crime.
Once enacted the Bill will criminalise any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic, and will create new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic.
I am very conscious of any impact on speech or the free expression of ideas and we have harmonised the protections in the legislation with the need to protect those freedoms.
Ultimately though, hate speech is not about free speech. The right to freedom of expression is not absolute. While a person has a right to free speech, they do not have a right to use it to incite others to violence or hatred.
Hate speech is designed to shut people down, to shut them up, to make them afraid to say who they are and to exclude and isolate them. There is nothing free about that, and there is, frankly, no place for it in our society.
Of course, any restrictions on freedom of expression do need to be proportionate and for this reason, there is a specific protection for freedom of expression built into the new legislation. This guarantees that a communication will not be taken to incite violence or hatred solely on the basis that it contains discussion or criticism of matters related to a protected characteristic.
It is not an offence to hold an unpopular opinion, or to criticise or insult a person or a protected characteristic. The legislation is designed to protect vulnerable communities from the most serious types of hate speech – speech that will put them in harm’s way. It is not intended to enforce politeness, political correctness or anything like that.
The text of the Bill was approved by Government and published in October, and is now at Committee Stage in the Dáil.