Justice Minister Helen McEntee has taken out contentious clauses regarding hate speech from a bill that has been approved by the Seanad. The bill in question, the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Act, was debated in the Upper House over a year ago and was previously accepted by the Dáil. However, its progress got delayed due to criticism from Elon Musk, free speech groups, Senators, and backbenchers.
The bill was reviewed with amendments last Wednesday, where the Minister illustrated that if the aspects of hate crime were singled out, the bill was likely to be accepted “in a heartbeat”. The most recent revisions have removed segments of the bill relating to inciting violence or hate speech, but have kept the sections on hate crimes intact.
The revised bill indicates that severe prison terms will be applied if hatred is found to be the motivation behind a crime. Increased sentences will also be dished out for crimes of violence or property damage, where hatred is established as an aggravating factor.
Expressing her intent, the Justice Minister mentioned her aim to completely expunge any considerations of incitement to hate or violence from the bill, in order to hasten the implementation of this vital legal document, and clearly state that violence and hatred have no place in society. She reiterated the need for updating the Acts of 1989 and placing the current initiative on the to-do list.
McEntee further emphasised that the legislation’s primary intention is to publicly acknowledge the damage that crimes motivated by hatred inflict, and to clarify firmly that such behaviour is unacceptable. Mentioning that most Western countries have made hate-motivated crimes illegal, she stated that such misdeeds directly challenge societies by destroying the sense of belonging and inclusivity. Therefore, protection of individuals, particularly the more susceptible and marginalised communities, from hate-motivated targeting is urgently needed in these times of growing intolerance and violence.
With the changes, the bill now excludes references to incitement to hatred or violence and any mention of the EU framework decision on fighting racism and xenophobia. The bill is now titled the Criminal Justice (Hate Offences) Act. Independent Senator Rónán Mullen expressed his appreciation of the Government addressing the major worries people had regarding the original draft of the legislation, particularly potential threats to the legitimate freedom of expression on disputable matters.
He expressed concern about the presence of cancel culture in Irish society, where people use their own feeling of being offended by others’ communication as a weapon to suppress different opinions and ideas they find disagreeable. He emphasised that this culture poses a threat to any society that values freedom. What perplexes him is the government’s decision to simply exclude this issue from the Bill, instead of attempting to tackle it through dialogues with the parties concerned.
Criticism has also been levied at the definition of gender in the legislation, but it will continue to include “transgender” as well as the phrase “a gender other than those of male and female”. The proposed legislation now moves onto the Seanad.
Failure to secure the necessary five Senators for a vote meant that no vote took place. The Bill is likely to return to the Dáil, expectedly by the next week.