Former justice minister, Charlie Flanagan, has advised the Government to revisit its proposed hate speech legislation, arguing it requires significant overhaul. Mr Flanagan is of the opinion that the new leader of the Fine Gael party, Simon Harris, should focus more on addressing the primary concerns of the Government’s programme, namely housing, healthcare, and maintaining law and order.
The intended legislation, which embraces hate crime, met with opposition in the Seanad during the previous summer, as there were reservations concerning its range and potential implications on freedom of speech. On social media website X, Mr Flanagan voiced that healthcare and housing should be prioritised, and that the Fine Gael party is strongly in favour of supporting business and agricultural families. Furthermore, he strongly advocated for the abandonment of the vaguely defined Hate Bill and a return to basics.
Mr Flanagan expressed these views on Sunday at the Fine Gael gathering where Mr Harris was formally declared the party leader, and where the forthcoming taoiseach expounded the party’s stance on promoting business, rewarding work, and upholding law and order.
The Laois-Offaly TD reiterated on Monday the controversial nature of the hate speech Bill, attributing the discord to an evident lack of any definitive explanation. He highlighted the problems that can arise from this lack of lucidity, referring to the recent defeated family and care referendums.
At the time of discussing the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill in June, several Senators challenged the absence of a clear definition of the term ‘hatred’. However, the then Justice Minister, Helen McEntee, argued that there is no need to define ‘hatred’, as this sentiment is universally understood by all involved in the legal process. Furthermore, she contended that any inadequate definition of ‘hatred’ could result in legal loopholes that would allow people to evade prosecution.
Mr Flanagan is not the sole former Fine Gael Cabinet minister advocating for a reconsideration of the hate speech Bill.
Over the weekend, Michael Ring, a TD from Mayo and ex-minister of rural development, pushed for Fine Gael to revert to its “core values” and ignore the societal matters that have lately been causing public irritation and displeasure. He expressed his desire to be rid of the “hate bill” and labelled the proposed reforms to licensing laws for extended pub hours as senseless.
In reaction to these comments, Ms McEntee pointed out that Ring’s references were only to two legislative items out of many she has been tackling for the past four years. In addition to this, she highlighted the vast array of work undertaken within the Department of Justice, ranging from policing legislation, social recognition, family court bills, and increasing penalties for those plotting murder.
On the following Sunday, Mr Harris mentioned to journalists that discussions around hate speech laws would be reserved for another time. He acknowledged the need for legislative regulation in the area, but also the notable concerns that have been shared. Furthermore, he recognized that his colleague and friend, Minister McEntee, is examining amendments to this law, and everyone is awaiting the outcome of this process.
A statement released by the Department of Justice on Monday evening indicated that both Hate Crime Bill and Sale of Alcohol Bill are in the process of being thoroughly developed. This follows comprehensive stakeholder consultation and pre-legislative scrutiny with alignment to programme mandates for their Government commitments.
The statement also added that while it entirely depends on the Oireachtas timetable, the Minister’s objective is to pass both bills in the coming months.