Irish 'hate speech' law: Spokesman for Troubles victims says Sinn Fein-backed law criminalising the trivialisation of 'crimes against humanity' could end up being 'problematic' for republicans

By Adam Kula
Published 3rd May 2023, 18:47 BST
Updated 4th May 2023, 09:37 BST
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​A spokesman for victims of the Troubles has said a new bill in the Irish republic, which is endorsed by Sinn Fein, “could and should” end up proving “problematic” for republicans.

Kenny Donaldson, the director of services at the South East Fermanagh Foundation, was reacting to a pending law passed last week by the Dail in Dublin.

It will, among other things, make it illegal to “grossly trivialise” things like “genocide”, “war crimes”, and “crimes against humanity”.

Doing so will be punishable by up to a year in jail.

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A masked man with a rocket launcher glares out from a mural glorifying republican paramilitarism on the lower Falls, west Belfast, July 1988, as a car burns nearby. Republicans murdered roughly 60% of the fatal victims of the Troubles.A masked man with a rocket launcher glares out from a mural glorifying republican paramilitarism on the lower Falls, west Belfast, July 1988, as a car burns nearby. Republicans murdered roughly 60% of the fatal victims of the Troubles.
A masked man with a rocket launcher glares out from a mural glorifying republican paramilitarism on the lower Falls, west Belfast, July 1988, as a car burns nearby. Republicans murdered roughly 60% of the fatal victims of the Troubles.

When it comes to the offences described in the bill, Mr Donaldson said “there are very many individuals guilty of this, both in person and through digital and/or virtual means", and “on the face of it” the bill should apply to them.

"We have long since campaigned upon the need for the UK and Irish States to take off their gloves and to be prepared to face down those who wilfully seek to glorify the past and minimise the brutal effects of terrorism,” he said.

"It will be interesting to see how this bill is applied within the times ahead.”

However, he also voiced concern that the law will not end up being used against things like “offensive chanting which has become commonplace within Irish society in recent years: for example, ooh ah up the Ra”.

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A west Belfast mural honouring the IRA, which killed well over 1,700 people, of which roughly 800 or so were Protestant (as compared with around 350 Catholics, with most of the remainder being from outside Northern Ireland, such as British soldiers and civilians)A west Belfast mural honouring the IRA, which killed well over 1,700 people, of which roughly 800 or so were Protestant (as compared with around 350 Catholics, with most of the remainder being from outside Northern Ireland, such as British soldiers and civilians)
A west Belfast mural honouring the IRA, which killed well over 1,700 people, of which roughly 800 or so were Protestant (as compared with around 350 Catholics, with most of the remainder being from outside Northern Ireland, such as British soldiers and civilians)

He expects that tackling such displays as these may ultimately not come down to the courts, but rather to a concerted civic effort at “challenging behaviours and attitudes which have become systemic within our society”.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 seeks to "amend the law relating to the prohibition of incitement to violence or hatred”.

Under the new law, possessing material deemed likely to “incite hate” against people based on things like “non-binary” gender identities, sexuality, or national origin, would attract a two year prison sentence.

Communicating this material to someone else can get you jailed for five.

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These clauses have led to heavy criticism of the bill from free speech advocates worldwide.

But whilst sections 7 and 10 of the bill deal with “hate” material, Section 8 is specifically about "condoning, denying, or grossly trivialising genocide, war crimes, crimes against humanity and crimes against peace".

It says that to "behave in a public place" in such a manner, or to "communicate material" of this kind, will be a crime if it can be proven there is "intent to incite violence or hatred".

The bill was passed last week in the Dail (the Irish equivalent to the Commons), largely unreported on by the nation’s media at the time.

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It has now gone to the Seanad, and whilst it is theoretically possible for it to be blocked, the likelihood is it will proceed onto the statue books shortly.

In the Dail, it was approved by 110 votes to 14, with the 110 "yes" votes including Sinn Fein, Labour, Greens, Fianna Fail (including leader Micheal Martin personally), and Fine Gael (including leader Leo Varadkar personally).

The 'No' votes came from People Before Profit, plus Aontu and independents.

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