Oireachtas Joint and Select Committees

Wednesday, 17 November 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Criminal Justice (Hate Crime) Bill 2021: Discussion

Dr. Jennifer Schweppe:

The interpretation of motivation differs from jurisdiction to jurisdiction. New Zealand and Canada are interesting examples. We are not necessarily comparing like with like because we know for a fact that creating new offences, as this general scheme does, will prompt a response from the criminal justice system that an aggravated sentencing provision will not. For example, New Zealand has an aggravated sentencing provision and there is a strong recommendation that it should move to an aggravated offences model. Some people agree it should be broadened out to demonstration while others argue it should be kept very narrow. I will ask the Deputy, as we did in our opening statement, to reflect on what she thinks "effectiveness" means. Does it mean lots of convictions? I do not think it does. I do not think effective legislation means lots of convictions. I think the criminal law is a very blunt instrument, as the Deputy quite rightly noted. It does not understand the nuances of general life.

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