There is an upcoming confrontation set for next week in the Seanad over how gender will be defined in the new hate crime law. The Government is planning to rapidly progress all the remaining parts of this controversial bill, following its suspension due to a backbench rebellion. Despite deciding to progress with the hate crime portions of the proposal, the Government opted to sideline the hate speech parts following significant backlash from different corners, among which Twitter boss Elon Musk was a notable voice.
The necessary amendments to effect these changes are scheduled to be tabled in the Seanad the following week, where the Government intends to pass all the remaining sections of the proposed law. Nevertheless, the Minister for Justice, Helen McEntee, has faced strong criticism from opponents of the bill accusing the Government of withholding crucial details about the modifications.
Independent Senator Michael McDowell accused the Government of showing arrogance. “The Government is conducting itself in a high-handed manner,” he stated. “It plans to address all elements of the hate speech bill next Wednesday, without disclosing to Senators the changes being suggested.”
He added, “The explanation for the bill’s gender provisions remains elusive and baffling. Regina Doherty, the former leader in the Seanad, pronounced in Scotland that nine genders exist. This undercooked ideology cannot be legalised without a thorough and educated discussion.”
The revised bill will instate tougher penalties for existing crimes – like assault – if such actions are fuelled by hatred towards someone’s “protected characteristics” – race, colour, nationality, religion, national or ethnic origin, descent, gender, sex traits, sexual orientation or disability.
Nonetheless, the definition of gender is likely to be a stickling point. The proposed legislation expands the meaning of gender to cover “the gender of an individual or the gender that an individual identifies with or prefers, which includes transgender and a gender other than male and female.”
Last year, Mr McDowell led a rebellion against legislation in the Seanad, questioning the definition of ‘transgender’ and ‘a gender other than male and female.’ The Department of Justice failed to respond. Several Government TDs are uneasy about engaging in discussions concerning the number of genders. Nevertheless, both the Justice Minister and Taoiseach Simon Harris have pledged to enact the hate crime bill prior to elections.
A representative for the Justice Minister stated that modifications by the Government and Opposition would be submitted on Monday morning “as usual”.
Scotland’s problematic hate crime law provides Ireland with a guide on what to avoid.
The Department of Justice expressed its commitment, saying, “We wish to assure victims that we are resolved to eradicate hate-driven offences and that we, as a country, are committed to safeguarding susceptible communities from the provocation of hatred.”