Dear Editor,
I recall an invaluable lesson from my high school science education, which has stuck with me over the years. It is an elementary principle that while explaining a term, the term itself cannot be part of its explanation. Stating that a ‘liquid’ is a ‘liquid state of matter’ is uninformative and leads to a recursive definition.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, ratified by Dáil Éireann, adopts the same ineffective technique to define ‘hatred’ as “hatred towards an individual or a group”.
The precision required in the criminal justice system to prove guilt beyond all reasonable doubt makes vagueness unacceptable. How can we achieve justice with such a flimsy definition as our guide? In fact, the Law Society clearly expressed similar concerns in their January 2020 review of the Prohibition of Incitement to Hatred Act 1989, citing that the Act failed to offer a sufficient definition of ‘hatred’, an issue echoed in this current Bill.
Perhaps our Government officials should consider a return to the classroom to revisit some basic lessons? Although, the notion might not be particularly welcomed by them.
Yours sincerely,
Dr Paul Lavin,
Dublin 8.