Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Section 11 has been drafted in careful consultation with the Office of the Attorney General for the very reason Deputy Kenny pointed to, that is, to ensure freedom of expression and public debate are protected. We all want to see that. I am satisfied that the wording of the section as currently drafted achieves this aim. However, I will continue to examine the provision and keep it under review in light of the discussion today. The section does not seek to create any point of law. Rather, it seeks to provide clarity for the courts to help them to draw the line in determining what is and what is not incitement to violence or hatred. It is important to make that point.

The amendment tabled by Deputies Daly and Kenny relates to the aggravated sentencing provision in section 20 of the Bill and whether it may apply on account of presumed membership of a group defined by reference to protected characteristics. This was discussed in regard to numerous previous amendments and I have outlined my reasoning in this regard.

On the proposed amendment by Deputy Smith and her colleagues, this is an issue I have considered and on which I have sought legal advice. I am advised by the Attorney General that the expression of information or ideas that offend, shock or disturb does not capture all aspects of freedom of expression that might have detrimental effects on a victim without reaching the standard required for an incitement of violence or hatred offence. By singling out material that shocks, offends or disturbs for particular mention, we run the risk of an inference that other aspects of freedom of expression such as the right to dislike a person, for example, are not protected. In addition, inclusion of this provision may result in the unintended consequence of setting up a defence argument that offensive forms of expression that might otherwise be an offence under this Part are protected under this section. For these reasons, I am not in a position to accept the amendments.