Dáil Éireann Debate, Tuesday - 16 May 2023
486. Deputy Carol Nolan asked the Minister for Justice the total number of submissions received in relation to the recent public consultation on hate speech and hate crime; the number of submissions which opposed any new legislation in this area; and if he will make a statement on the matter. [22454/23]
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 composed of 5 questions. These questions were intentionally non-prescriptive in terms of legislative content, but rather posed broader questions regarding the necessity of hate offences or hate speech laws generally and the need to make some forms of hate speech a crime; and thereby put measured limits on freedom of expression.
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, focus group 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.
I can advise the Deputy that in addition to the 3,526 completed public surveys which were filled in online, there were 182 detailed written submissions made, 77 of which were from civil society groups, professional or academic organisations and NGO, with the remainder from private individuals. In addition, 177 participants engaged in the nationwide discussion workshops.
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.
