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
Simon Harris (Wicklow, Fine Gael) | Oireachtas source
I note the Deputies' amendments. The purpose here is to keep the legislation under active review. I obviously share the view that legislation should be kept under ongoing review. It is available to the Oireachtas to amend any legislation at any time to ensure it is operating as intended.
I recognise that the substance of this Bill provides for relatively new concepts in our criminal law. As Deputies will be aware there is a requirement under Dáil Standing Order 197 for a post-enactment report for all new Acts. This requires a report to be prepared by a member of the Government or a Minister of State officially responsible for the implementation of the Act 12 months following enactment. Post-enactment reports do provide a review of the functioning of the Act to date and have to be laid in the Oireachtas Library.
One part of Deputy Pa Daly's amendment which relates to no later than 12 months. I want to assure the Deputy that my Department will comply with that Standing Order requirement. I want to say for anyone watching that these are comprehensive reviews and will involve engaging with the Courts Service, gardaí and the likes and providing data. I do believe that part of what Deputies Daly and Kenny are trying to achieve is fulfilled through the post-enactment report mechanism.
In light of this I am not inclined to include a statutory provision for review of the Bill. I do not mean to be flippant but this is something that comes up regularly with legislation for understandable reasons. However, I do not think we need to commit to a prescriptive timeline in this legislation for review, it is open to the Oireachtas to review it at any time and the post-enactment report 12 months on will provide a basis for discussion.
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