Simon Harris (Wicklow, Fine Gael) | Oireachtas source

The threshold of intending to incite hatred must be met. The example the Deputy gave of somebody doing research work is covered under other protections in legislation. The provision we are bringing forward here is in recognition that the threshold is changing, as I said to Deputy Daly. The provision is being brought forward from the 1989 Act. It exists in Irish law today and we are bringing it forward to this Bill.

It is good to tease this issue out but I certainly do not see any way in which somebody could be doing research on a group and because material is in that person's possession, he or she could be deemed to have committed an offence. That absolutely is not what we are endeavouring to do here. We want to capture situations whereby somebody prepares material with a view to inciting hatred or violence against a vulnerable group but has not yet published it. There should be an ability to prosecute in such instances. Regarding the Deputy's example of research and the like, there are defences in the legislation to cover people.