Oireachtas Joint and Select Committees

Wednesday, 12 April 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Criminal Justice (Aggravation by Prejudice) Bill 2016: Discussion

11:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I wish to convey apologies on behalf of Senator Clifford-Lee who could not make it to today's meeting. I also thank Deputy Fiona O'Loughlin and Deputy Margaret Murphy O'Mahony on their initiative in introducing the legislation. It is important we have a recognition on the Statute Book that certain offences are aggravated by prejudice, whether that is on the basis of race, colour, being a member of the Traveller community or having a disability.

I note Deputy O'Loughlin has indicated that she is not being completely proprietorial about the Bill. She recognises that it can be improved. We as a committee are happy to work with her in trying to improve it through amendments and otherwise. It is important, however, that when we finalise a draft of a piece of legislation, we recognise that categorising a person as being guilty of a hate crime has long-term consequences and we need to give a certain amount of latitude to a court in order that when young people make a mistake and do something foolish when they are in their late teens or early 20s, they are not categorised for the rest of their lives as being somebody who has committed a hate crime. It is important that, in the legislation, latitude is given to the courts or there is some recognition that people can make mistakes. It is not acceptable to make such mistakes but we must recognise that there needs to be some latitude.

I thank Deputy O'Loughlin for her work on the Bill. Perhaps she will comment on whether she would look positively on providing latitude to the courts in that area.