Oireachtas Joint and Select Committees

Tuesday, 21 February 2023

Select Committee on Justice and Equality

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I am pleased we are on Committee Stage. I will start with the areas where I agree. Deputy Pringle made the point about this legislation being good to have but that it is important - not to put words in the Deputy's mouth - for it to be effective. For people to be prosecuted where appropriate and the likes, that is absolutely a sentiment and a guiding principle I hold as we steer this legislation through the Oireachtas. That will come up quite a number of times in a number of amendments and debating points we may have during the debate.

I note the two amendments but I need to be upfront. One of the purposes of the Bill is to fully and completely transpose the European Council framework decision. One of its core aims is to ensure that we are fully and completely transposing the framework decision on combatting certain forms and expressions of racism and xenophobia. The subsections in question are included to give express provision to ensuring the Bill is interpreted in line with the framework decision. Non-transposition of the framework decision could have significant implications, both legal and financial, for the State. It has always been an objective of this legislation to give it its full effect. We have set that out clearly even in the Long Title on page 5.

I also note, and this is generally an issue when we are talking about European laws, frameworks and the likes, sometimes we talk as though they are something "over there"; although Deputy Pringle did not. As a full member of the European Union, Ireland was fully represented in the negotiations leading to the framework decision. For these reason, I am of the view that the clauses the Deputies are seeking to delete, are necessary and appropriate and, therefore, I regret I am not in a position to accept the amendments.

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