In some respects, it was always likely that the Government would excise contentious provisions from its hate crime law. So, what’s the situation? It involves the Criminal Justice Bill 2022 concerning incitement to hatred or violence and hate offences. Its easy progress through the Dáil ended in April 2023, but a wave of criticism arose post that, particularly over the prohibition of incitement to hatred or violence. This constitutes part two of the bill approved by Dáil, outlining several offences.
The Government faced allegations of “pandering to the politically correct”, drawing objections from multiple political quarters and from abroad – even from Elon Musk. This escalated post the drubbing of family and care referendums in March. At this point, Sinn Féin and Government TDs made a noticeable U-turn on the law, advocating for a substantial revamp or complete abandonment. Ever since this situation, the legislation has been in a kind of parliamentary purgatory. The Government has ensured Seanad amendments to alleviate concerns, though the specifics remain unclear.
The veil was lifted recently when Helen McEntee obtained quiet approval from Coalition leaders this summer to eliminate sections of the Bill regarding incitement to hatred and violence. The Bill will now only address hate crime provisions. It will continue to recommend more severe jail terms for specific hate-motivated or hate-illustrating offences. Offences like property damage or assault can be exacerbated by hatred and hence, resulted in stricter imprisonment terms. If hatred can’t be established, conventional charges can still be pressed.
Despite the fact that archaic laws created in 1989 pertaining to the forbidding of incitement of hatred will retain their legitimacy, governmental officials affirmed on Friday that individuals deliberately targeted on account of their identity will be subjected to increased imprisonment terms. One source stated that curbing the repugnant racial assaults widely witnessed on TV and in our localities is crucial, with extended sentences playing a part.
Nevertheless, it is clear that the political hurdle to proceed with the bill in its initial state is simply unattainable. A representative from the Coalition confessed that although a substantial agreement existed in the Dáil regarding laws against hate speech, with suggestions from the Opposition to further enhance the law, that consent dissipated. The Government has pledged to victims that they are resolute in ending hate-fuelled crime and safeguarding defenceless communities from hate speech being used against them. Further assessment of these matters may be considered by the justice committee, but this offers scant relief to those anticipating more decisive action.
The news will be embraced by critics of the legislation as a victory, although unresolved topics – such as incorporating the word “transgender” and the phrase “a gender not characterised as male or female” – remain. This ongoing culture war could potentially continue.
For the communities victimised on the basis of their identities, it will be a gloomy day, even with any mitigating appeals extended by the government. It is foreseeable that they will not suppress any critique.
With an upcoming election, on a political level, progress will eventually be seen as laying groundwork. Despite the potential for criticism, the government will argue that it has accomplished what was possible, highlighting how certain matters end up being optional under the impact of staunch political realities.