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

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

That is super. I thank Dr. Schweppe very much. Just knowing how this kind of legislation is being applied in the UK at the other end of the scale, in terms of the trivialisation of it, sections 29 to 32, inclusive, of the Crime and Disorder Act in the UK contain similar provisions. I am aware of instances where, for example, somebody is arrested for something like a public order offence akin to our section 6 or 6A in this context and calls the arresting officer a Welsh prat, as opposed to a prat. Having called the arresting officer a Welsh prat creates essentially what is referred to as a racially aggravated offence and therefore it enters into a much higher tariff. For example, if we look at head 6 of the proposed section 6A of the public order act, does anybody have concern that this legislation might be used? We understand the grave issues that it deals with but is there a danger that it is also used at the other end of the scale to make something which is quite trivial in my view more serious than it needs to be?

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