The commencement of the Criminal Justice (Hate Offences) Act 2024 from 31 December 2024 marks the first time in the history of the State that hate-aggravated offences will be treated differently.

The new legislation provides for increased prison sentences for certain crimes where proven to be motivated by hatred, or where hatred is demonstrated.

For example, the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher prison sentences.

Where hatred is not proven, a person can still be charged with assault or damage to property.

“We are determined to stamp out hate-motivated crimes and we are determined to protect vulnerable communities,” justice minister Helen McEntee said on Tuesday.

“This legislation sends a clear message to those who target victims because of their association with a particular identity characteristic that they will be prosecuted for hate crime.

“Up to now, Ireland has been one of the few remaining EU countries not to have specific hate crime offences set out in law. This is despite An Garda Síochána recording certain crimes as hate crimes, and despite the fact that recorded hate crimes increased by 7.5 per cent in 2023 and by 29 per cent a year earlier.

“This legislation meets a clear gap in our laws and is widely supported by the public. I’m delighted to sign the order to commence it in full.”

This legislation will protect people targeted because of certain identity characteristics, namely race, colour, nationality, religion, national or ethnic origin, descent, disability, gender, sex characteristics and sexual orientation.

The Act creates new, aggravated forms of certain existing offences — i.e. hate crimes — where they are aggravated by hatred of one or more of these protected characteristics.

Ireland has previously faced criticism from the Council of Europe and other international human rights bodies over its failure to make specific or statutory provision for hate-aggravated offences.

Mrs McEntee added: “The development of the legislation followed a comprehensive public consultation process that included surveys, consultation and engagement with people with lived experience of the impact of hate speech and hate crime.

“Research shows that victims of crime motivated by hate suffer significantly more distress as a result than victims of other types of crimes; with more adverse mental health and physical health outcomes.”

Incitement to hatred and hate speech are criminalised separately under the Prohibition of Incitement to Hatred Act 1989, which remains in force. Plans for new hate speech legislation were scrapped last year after the government said there was no longer a “consensus” on the issue.