Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I appreciate that. There is an important here which ensures that a greater sentence may be handed down where there is a hate element to an offence committed outside the specific aggravated offences provided for in sections 17 to 19, inclusive. While I recognise the intent behind the amendment, seeking to require that the hate element be proven beyond reasonable doubt in sentencing under these circumstances, this would have an unintended consequence of making this section significantly more difficult to apply to real cases on the ground. This is after conviction but at the stage of sentencing. That is where the piece around reasonable doubt would be problematic.

I also have two amendments to the section. I wish to remove the phrase "where it is satisfied from the evidence adduced in the proceedings that there was" and substitute "treat as an aggravating factor". Consequential to this I propose the removal of ", take that into account as an aggravating factor" which becomes redundant. This is merely a tightening of the wording on my part.