Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I move amendment No. 47:

In page 11, between lines 26 and 27, to insert the following: "11.For the purposes of this Part, any material or behaviour is not taken to incite violence or hatred against a person or group of persons on account of their membership or presumed membership of a group defined by reference to protected characteristics solely on the basis that that material or behaviour includes or involves discussion or criticism of matters relating to a protected characteristic."

Section 11, as drafted, states:

For the purposes of this Part, any material or behaviour is not taken to incite violence or hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics solely on the basis that that material or behaviour includes or involves discussion or criticism of matters relating to a protected characteristic or the purposes of this Part, any material or behaviour is not taken to incite violence or hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics solely on the basis that that material or behaviour includes or involves discussion or criticism of matters relating to a protected characteristic.

We are proposing to include the wording "or presumed membership of a group defined by reference to protected characteristics", which provides a little more protection. This section is about protecting freedom of expression, the importance of which we all recognise. Deputy Smith made the point that there is a lot of research going on and many people delving into all of this stuff. We do not want to create a situation whereby people cannot have a view. Finding the right balance is important and it is why we are proposing this amendment. I am interested to hear the Minister's views and perspective.