Hate Crime legislation Northern Ireland: Justice Minister Naomi Long announces plans for a stand-alone 'Victims Bill' to support victims of hate crime such as muslims, ethnic minorities and gay and transgender people

The minister has previously consulted on her plans for a hate crime bill, which is based on recommendations from Judge Des Marrinan in his review of hate crime legislation in 2020.

She confirmed today that she would implement the first section of his recommendations in legislation she intends to introduce next year.

Part of Marrinan's recommendations were that the definition of a hate crime in NI should be expanded to include gender and age-motivated offences.

She said her announcement comes against the backdrop of a surge of racist attacks on people from ethnic minorities over the summer.

The planned legislation would give special protection to a wide range of protected groups, she said today.

"There must be no place in our society for the hate, xenophobia, racism and Islamophobia that we have seen on the streets over recent weeks, nor should we tolerate homophobia, transphobia, ableism or anti-Semitism,” she said.

CONCERNS RAISED ABOUT POSSIBLE RISKS FOR FREE SPEECH

Des Marrinan’s recommendations have caused some concern because he has recommended removing the traditional private dwelling defence, which means that people can be charged with a criminal offence for what they say in their own homes.

Scotland recently caused major controversy by abolishing the same legal defence in its own hate crime act.

Concerns have also been raised that the NI legislation could infringe on freedom of religion and speech, in relation to legitimate critical debate about religions in general and LGBT issues.

However, instead of passing all the legislation in one go, she is breaking it down into several parts, due to limitations on her department's resources and available assembly time.

She noted she is following the recommendations of Judge Marrinan in his Review of Hate Crime Legislation and is determined to pass the first part of the legislation in this assembly mandate.

"This was a priority for me on returning to office in February but is particularly important considering what we have witnessed on our streets over recent months," she said.

"Therefore, I propose to bring forward the statutory aggravation offence model for hate crime in a forthcoming Sentencing Bill which is planned to be introduced next year.

"The model will become the core method of prosecuting hate crimes in Northern Ireland, allowing all existing criminal offences to be aggravated by hostility based on membership or perceived membership of a protected group."

Current protected groups / characteristics will be retained in legislation but she will also legislate to allow new protected groups to be added by the simpler route of regulation in the future.

The new law will also assist with rehabilitating hate crime offenders.

"The new statutory aggravation model will provide the opportunity for the defendant to respond to the hate crime element in the legal proceedings; for enhanced sentences to be made available where the hate motivation is proven; and ensure the hate crime element of convictions is included on criminal records, assisting with rehabilitative work in order to reduce the risk of reoffending and further victimisation, by tackling the underlying attitudes."

NEW PLANS FOR VICTIMS BILL

She also announced plans for a stand-alone Victims Bill, which will focus on supporting for victims of hate crime.

"Enhanced protection for victims of hate crime remains a key priority and I am committed to working to increase victim confidence in reporting and engagement in the court process.

"I am, therefore, proposing more specific support to victims and witnesses through provisions included in a Victims Bill, which I plan to introduce later in this mandate."

One key feature is that it will block defendants from personally cross examining their accusers in court, in causes such as hate crime against Muslims, ethnic minorities and people who identify as gay or transgender.

"This will include provisions to allow automatic eligibility for consideration of special measures and protection from in-person cross-examination by the defendant in hate crime cases.”

She appeared to indicate plans to implement all recommendations from the Marrinan review in due course.