Landmark hate crime legislation to be signed into law
Harsher prison sentences will be imposed for crimes motivated by hatred following the passage of new legislation.
The Criminal Justice (Hate Offences) Bill 2022 has completed all stages in the Oireachtas and will now be signed into law.
The landmark bill will provide for increased prison sentences for certain crimes where proven to be motivated by hatred, or where hatred is demonstrated.
However, parts of the bill dealing with incitement to violence or hatred were removed during the legislative process.
Justice minister Helen McEntee said: “We are determined to stamp out hate-motivated crimes and we are determined to protect vulnerable communities.
“This legislation is much needed. An Garda Síochána already record certain crimes as hate crimes, and we can see that recorded hate crimes increased by 7.5 per cent last year compared to 2022, and by 29 per cent the year before that.
“It is not acceptable that some people live in fear simply because of who they are. Ireland is one of the last countries in the EU not to have specific hate crime offences set out in law. I am delighted to have been able to bring this legislation through the Houses to protect vulnerable and minority groups from harm.”
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 bill will create new, aggravated forms of certain existing offences — i.e. hate crimes — where they are aggravated by hatred of a protected characteristic.
Mrs McEntee yesterday brought back to the Dáil amendments to the bill that had passed the Seanad last week. The amendments removed the parts of the bill which deal with incitement to violence or hatred, in order to proceed only with the elements that deal with hate crime.
“It is the duty of government to ensure that people are protected from crime, particularly where those crimes are targeted against them on account of their very existence,” the minister said.
“Making the decision to remove the incitement to violence or hatred provisions was a difficult one — but it was necessary to move forward to put the hate crime provisions into law.
“The message this sends is clear: hatred and violence towards others because of who they are will not be tolerated, and now the law will reflect this.
“I have been very clear that I believe we need to update the 1989 Act to adequately deal with incitement to hatred offences, particularly in the context of modern online communications. I absolutely believe this needs to be next on our agenda and amendments to the 1989 Act will be progressed at the earliest opportunity.”
The Prohibition of Incitement to Hatred Act 1989 will remain in force and incitement to hatred is not dealt with in the Criminal Justice (Hate Offences) Bill. Necessary amendments to the 1989 Act that are required under EU law are under consideration and will be progressed separately in due course.