Simon Harris (Wicklow, Fine Gael) | Oireachtas source

There are a lot of protections in the legislation in respect of defences and freedom of expression. This is all about providing powers in legislation that then have to be assessed and weighed up by various sources, including the DPP. I simply do not see how the scenario the Deputy outlined would arise. The legislation needs to be read in the round and with reference to the defences and protections that already exist. The Deputy and I probably agree that where there is a successful interception of material that clearly reaches the threshold set out in the legislation of inciting hatred or violence against a vulnerable group, the fact it was intercepted before it was used for that purpose is not a reason the person should not be subjected to prosecution, if that is the course of action the DPP decides to take following an investigation. Before we get anywhere near prosecutions, there will be the normal process of investigation, which includes the Garda carrying out its own processes.