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 will speak to the grouping for clarity because it will help people who are following the broadcast of the proceedings. Deputies Daly, Martin Kenny and Pringle seek to provide that an offence of incitement to violence or hatred may be on account of actual or presumed membership of a group defined by reference to protected characteristics. I have explained why that is not necessary in respect of amendment No. 38. The same reasons can be noted here.
The Government is proposing a small technical amendment that will improve the wording of section 7(1)(b) by bringing it in line with the wording of section 7(1)(a). I hope the committee will agree to that change.
As regards the definition of "hatred" proposed by Deputy Bríd Smith, I have outlined the position in that respect. I remind the committee of Ireland's obligation with regard to the transposition into Irish law of the European Council framework decision on combatting certain forms and expressions of racism and xenophobia. An offence of incitement to violence or hatred is a requirement under that framework direction and that is why the offence is worded as it is in the Bill.
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