NEW LEGISLATION to combat hate crimes and hate speech is to be published today, marking the first time that the issue has been implemented into Irish law.
The Violence or Hatred and Hate Offences Bill 2022 is expected to become law before the end of the year after Justice Minister Helen McEntee secured Cabinet approval on Tuesday.
It will criminalise any intentional or reckless communications or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic.
The penalty for the offence will be up to five years in prison.
The legislation will also created new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred of a protected characteristic. These will carry an enhanced penalty and the criminal record will clearly state that the offence was a hate crime.
A number of key changes have been made since the General Scheme of the Bill was published in April 2021 and are reflected in the full Bill as approved by Cabinet.
Among these, the Bill now includes a general provision to further protect genuine freedom of expression and clarifies that a communication is not taken to incite violence or hatred solely on the basis that it involves discussion or criticism of matters relating to a protected characteristic.
Other updates since the General Scheme include the inclusion of a demonstration test for hate crimes to make it easier to secure prosecutions and convictions for crimes motivated by hate. This will be an additional/alternative test to the ‘motivation test’ as previously outlined in the General Scheme of the Bill.
"We are all horrified when we hear of homophobic, racist, and other hateful incidents in our country. While these repulsive acts of violence and abuse against innocent people have been extensively reported on, we know that some people go about their lives constantly in fear of abuse simply because of who they are.
“Although it is a small minority of individuals carrying out these reprehensible acts and spouting this abuse, there is a clear desire from the public that these individuals need to be dealt with in the appropriate way.
“This Bill provides separately for hate crime and for hate speech, but on the basis of the same protected characteristics
“All provisions throughout the Bill have been carefully developed to ensure it is victim-centred and effective in securing convictions where serious crimes are committed, and the legislation follows extensive public consultation and research."
The protected characteristics in the new legislation are race; colour; nationality; religion; national or ethnic origin; descent; gender; sex characteristics; sexual orientation; and disability.
