The timetable for the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 has repeatedly slipped since it was first published in October 2022.

According to The Irish Times, the bill will not now return to the Oireachtas before the summer recess, giving it a slim chance of being passed before the next election, which could be as soon as the autumn.

The bill would criminalise any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic. The penalty for this offence will be up to five years’ imprisonment.

It would also create new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred of a protected characteristic. These would carry an enhanced penalty and the criminal record will clearly state that the offence was a hate crime.

The draft bill also includes “a general provision to further protect genuine freedom of expression” and clarifies that a communication is not taken to incite violence or hatred “solely on the basis that it involves discussion or criticism of matters relating to a protected characteristic”, the Department of Justice has said.

The bill would repeal the existing Prohibition of Incitement to Hatred Act 1989, which is widely considered as ineffective and has only led to around 50 prosecutions in the 35 years since enactment.

In May, a new Coalition Against Hate Crime, comprising 23 civil society organisations which represent communities impacted by hate crime, called for the legislation to be passed “as a matter of urgency”.