Simon Harris (Wicklow, Fine Gael) | Oireachtas source

The Deputies have proposed a number of amendments to section 10, which relates to the offence of preparing or possessing material that incites violence or hatred.

Deputies Paul Murphy, Bríd Smith, Boyd Barrett and Gino Kenny propose deletion of the section in its entirety. I cannot agree to that proposal as I believe it is of fundamental importance that there be an avenue for prosecution when an individual has created content that would incite violence or hatred against vulnerable individuals or groups but such material has been intercepted before it is shared publicly.

Deputies Martin Kenny and Daly propose limiting the application of the offence to material that is threatening, abusive or insulting, requiring a clear and serious intention to communicate the material and changing the threshold for the offence from recklessness to intent. I acknowledge the reasoning behind these proposed amendments but, similar to the offence of incitement to violence or hatred, this offence has carried over from a corresponding offence in the Prohibition of Incitement To Hatred Act 1989. In that Act, the offence is limited in application to material that is threatening, abusive or insulting and the threshold for the offence is recklessness. As this was largely unsuccessful in securing convictions, a decision to lower the threshold and not limit the offence to material that is threatening, abusive or insulting was a deliberate policy decision that has been approved by the Government. For that reason, I cannot agree to the amendment.