Fiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

I thank the Chair and the members of the committee for inviting me here this morning to discuss the Criminal Justice (Aggravation by Prejudice) Bill 2016, which I introduced in the Dáil in July 2016 and which subsequently passed Second Stage at the end of September. The intention behind the Bill is the need to provide for hate crime legislation in this country. When introducing the Bill last year I said that Ireland is behind the curve when it comes to having effective and robust legislation in place to deal with hate crimes. Similar legislation is in place in Scotland, Northern Ireland, England and Wales - our closest neighbours - and many non-governmental organisations and voluntary bodies have been highlighting the need for hate crime legislation for many years.

The need was reinforced last month when I hosted a briefing by the National Steering Group Against Hate Crime in the Leinster House audiovisual room. I thank committee members and other Members from both Houses who attended it. At the meeting we heard some very moving testimonies from five different people who suffered hate crimes predicated in prejudice and hatred. All of them were still visibly living with the consequences of that. I again pay tribute to the people who came forward and who showed great courage in enlightening us on their experiences. Also present at the briefing were Dr. Jennifer Schweppe and Dr. Amanda Haynes from the Hate and Hostility Research Group at the University of Limerick who are experts in this area. I have had a number of meetings and other contacts with them in recent months. They are considered to be international experts in the area. They have published widely in academic and other journals on the subject. They welcomed the introduction of a Bill on hate crime but they also had a number of concerns about the Bill that was proposed in July 2016. Such concerns were also expressed during the Second Stage debate in the Dáil. At the time I undertook to look more closely at the proposed legislation and to carry out extensive consultation, which I have done, to see what we could do in terms of amendments. On foot of these discussions I have tabled significant and far-reaching amendments to the original Bill. It is my belief that at this point there is a majority in both Houses in favour of the introduction of hate crime legislation. I hope the amendments will win widespread support in the Dáil and Seanad. I have written to the Minister seeking support for the amendments also.

While the original Bill was wide in scope, it does need to be given greater focus and more specific measures to be provided in law. For the convenience of members, rather than attach a list of the amendments I tabled to the Bill, I have provided a revised copy of the Bill by way of post script to the statement as it would appear if the proposed amendments were agreed. I proposed a widening of the various interpretations under the Bill to be more definitively inclusive and to address the concerns raised about addressing hate crimes through enhanced sentencing rather than by creating new offences. I now propose to create new offences by specifically amending the following seven Acts of the Oireachtas, namely, the Criminal Justice Act 1990, the Non-Fatal Offences Against the Person Act 1997, the Criminal Justice (Theft and Fraud) Offences Act 2001, the Criminal Damage Act 1991, the Criminal Law (Rape) Act 1981, the Criminal Law (Rape) (Amendment) Act 1990 and the Criminal Justice (Public Order) Act 1994. Rather than see bias and hatred as exacerbating criminal behaviour already provided for in law, these amendments will mean that hate crimes are specifically legislated for and it will also mean that hate crimes can be recorded, published and monitored, which is very important. The amendments also provide for offences which are motivated by bias and where there is demonstration of bias in legislation, with demonstration being incorporated in cases where hate is a manifest and central basis for committing a crime.

The amendments I propose are transformative in relation to the original Bill and the Title of the Bill would be changed to the Criminal Law (Hate Crimes) Bill. However, they will both address the concerns raised about the Bill on Second Stage and will ensure wider political support for legislation. There is no doubt other Members may wish to submit amendments and I look forward to discussing them also. There is an urgent need for legislation on hate crimes and I hope that together we can build a consensus across the political spectrum for it. I look forward to the discussion and the possibility of answering any questions members may have.