Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I acknowledge the detailed work and constructive suggestions that are being made. Deputies will be aware that many of the protected characteristics underpinning the Bill are carried forward from the Prohibition of Incitement to Hatred Act 1989.

The addition of several new characteristics, namely, descent, gender, sex characteristics and disability, have been informed by public consultation and ongoing engagement with minority groups. Characteristics have been brought forward and there has been the addition of new characteristics to the process through public consultation in 2019. Arising from these consultations, the list of characteristic features identify the grounds most targeted in hate-based crimes in this country. That is what we intend to do.

I note Deputies Pringle, Daly and Kenny have proposed the inclusion of a new protected characteristic, namely, migration status. I instinctively see the benefit of that and why they are endeavouring to do it. We have had discussions in this committee before on concerns all of us have about issues we are seeing. I instinctively see what the Deputies are trying to do and am supportive of it, but I need to be clear and to seek legal advice on it. I need to tease this through. I am not in a position to accept the amendment on migration status today but I will examine the proposal further in advance of Report Stage. I will tease it through, with legal advice, and revert to the committee on Report Stage. From a policy perspective, I would like to do it, but I have not had legal advice as to the impact it may or may not have. Deputy Pringle has made the point that there are other characteristics and that this may not cover everybody in every scenario in relation to migration. I want to reflect on that valid point.

Another issue in this grouping concerns the definition of "sexual orientation". It is right and proper that the Government and State look at whether these definitions need to be updated. In dealing with these issues, however, we must not cross over into another process. As currently drafted, the definition of "sexual orientation" is based on the definition, as Deputy Ó Ríordáin said, in the Equal Status Act 2000. I am conscious we are now in 2023. I see a benefit in having the definition linked to that Act because it ensures consistency of terminology across the Statute Book. In the 2000 Act, “sexual orientation” is defined as “heterosexual, homosexual or bisexual orientation” but my colleague, the Minister for Children, Equality, Disability, Integration and Youth, has commissioned a comprehensive review of the equality Acts. That work is under way. If decisions are taken to amend the definition in the Act, this legislation will be automatically updated because we are linking and cross-referencing our legislation and the equality Acts. There is benefit to this. We want there to be a standard definition across the Statute Book. It creates challenges and difficulties if there is not. If this work was not under way, I might be inclined to say I get the point of the amendment. Considering that the work is under way, there is merit in making sure this legislation, which we are trying to future-proof, is aligned to any outcome from that.

To say that clearly, as the incitement to hatred and hate offences Bill cross-references the equality Acts, the definition for the purpose of the Bill would automatically update if the Oireachtas agrees to such amendments to those Acts. That is the only reason I am not in a position to agree to the Deputies’ amendments at this time. There is no policy difference.

Deputy Ó Ríordáin also tabled an amendment on the definition of "sex characteristics". As currently drafted, the Bill refers to the physical and biological features of a person relating to sex. It does not preclude any variation of those characteristics being protected. I have checked the current wording and agreed with the Attorney General that it is appropriate.