Republic of Ireland retreats from planned hate speech legislation

Irish Justice Minister Helen McEntee said there is no consensus on the planned new hate speech laws. Pic: Brian Lawless/PA WireIrish Justice Minister Helen McEntee said there is no consensus on the planned new hate speech laws. Pic: Brian Lawless/PA Wire
Irish Justice Minister Helen McEntee said there is no consensus on the planned new hate speech laws. Pic: Brian Lawless/PA Wire
​The Republic of Ireland is retreating from plans for hate speech laws.

Justice Minister Helen McEntee is to amend draft laws tackling hate-related crimes to remove incitement elements.

It is understood that the section dealing with incitement to violence and hatred will be removed, and the hate crime elements retained.

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Politicians in Dublin have been wrangling over the wording of the bill, which had aimed to overhaul 1989 incitement to hatred legislation and introduce laws that would see “hate” become an aggravating factor in certain offences.

Concerns have been raised around a lack of clarity on the detail of the draft laws, such as what “hate” means and what impact the legislation could have on freedom of speech.

Amid ongoing concerns raised about the draft laws, which aim to modernise the Republic’s legislation around hate-related crimes to better tackle online activity, Ms McEntee was expected to propose amendments to the bill.

On Saturday it emerged that the amendments to the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 would be proposed at committee stage. The Prohibition of Incitement to Hatred Act 1989 will now not be repealed as incitement proposals are withdrawn.

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“In order to bring forward new hate speech legislation we need consensus, we don't have that at the moment,” Ms McEntee said.

“However, I am absolutely adamant that we need new laws to ensure that if a person is attacked simply because of who they are, the person doing it to them will receive a higher prison sentence. That's what I'm moving forward on, that's what I intend to enact in this new session.”

Where hatred is not proven, a person can still be charged with assault or damage to property.

Ms McEntee said: “We currently have incitement to hatred legislation, I believe it needs to be strengthened, however we need a consensus to do that. We don't currently have that. So I am moving forward with the hate crime element of the legislation.

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“We are the only country in Europe that does not have hate crime legislation, and I want to change that.”

In Northern Ireland, the Alliance Justice Minister Naomi Long has announced plans for a stand-alone new 'Victims Bill' to support victims of hate crime.

She had previously consulted on her plans for a hate crime bill, based on recommendations from Judge Des Marrinan’s review of hate crime legislation in 2020.

l Jeff Dudgeon: page 14

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