Dáil Éireann Debate, Wednesday - 10 May 2023
140. Deputy Carol Nolan asked the Minister for Justice if he is aware that the majority of views expressed as part of the public consultation process on the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 were not in favour of the legislation’s objectives; and if he will make a statement on the matter. [21999/23]
View answerI can assure the Deputy that a considerable body of work has been undertaken by my Department to ensure that the new legislation dealing with incitement to violence or hatred and hate offences is well researched, well balanced, and grounded in the lived experiences and reality of what individuals facing hate speech and hate crime in this country actually need.
One element of this work was a widespread public consultation which included an online survey. There was also a detailed question and discussion paper distributed to stakeholder groups which was also publicly available on the Department’s website. In addition, discussion workshops were facilitated around the country and a series of meetings with victims of hate speech and hate crime, civil society organisations, academics, law enforcement, professionals and other experts were held.
In the course of this work there was significant consultation with representatives of vulnerable and minority groups, many of whom forwarded detailed submissions that reflected their lived experiences of being targeted on the basis of their identity characteristics. This was an important part of the consultation process as it was imperative that the voice of those whose lives are most impacted by hate speech and hate crime could be taken into account in formulating proposals as to how new legislation could better protect them. Comparative research on approaches to hate crime and hate speech legislation in neighbouring jurisdictions was also undertaken
Based on this multi-faceted and comprehensive consultation and research work, the Department of Justice drew ten balanced conclusions which were published in a report in December 2020 and which informed development of the General Scheme of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill.
In April 2021, after the legislative proposals for the Bill were published, it was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny which took place in November 2021.
The Justice Committee’s Report was subsequently published in April 2022 and all of the recommendations made by the Committee have been carefully considered by my Department. As part of that work my Department engaged in additional consultation and research in relation to some of the recommendations that proposed strengthening certain provisions. This further consultation included liaising with counterparts in the UK and Northern Ireland and with An Garda Síochána and the Office of the Director of Public Prosecutions on different approaches that could be adopted here.
The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill was subsequently published in October 2022. Having passed through final stages in the Dáil on April 26th , this important piece of legislation will now go to the Seanad to be debated.
