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 Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

I move amendment No. 7:

In page 6, between lines 8 and 9, to insert the following:

“ “incitement” means behaviour towards, or communications about, a person or a group of persons that create a serious risk of discrimination, hostility or violence against persons belonging to or being presumed as belonging to such groups on the basis of their protected characteristics;”.

My amendment goes back to the same arguments that we have been having for the rest of the amendments up to now. Obviously the legal advice that the Minister has is that it is better not define these words so that the lawyers can argue themselves. I would naively think that the legislation should define the words so that the court could know what it is dealing with rather than have them set by precedent or whatever in the courts. My amendment defines incitement and states: " "incitement” means behaviour towards, or communications about, a person or a group of persons that create a serious risk of discrimination, hostility or violence against persons belonging to or being presumed as belonging to such groups on the basis of their protected characteristics;”. My amendment seeks to further define "incitement".

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