Oireachtas Joint and Select Committees

Tuesday, 21 February 2023

Select Committee on Justice and Equality

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I thank the Deputy for tabling these amendments, which propose to change the definition of "religion". As currently drafted, religion is a protected characteristic for the purpose of the legislation. No one is suggesting it should not be. I understand this but the Bill also includes reference to the "absence of a religious conviction or belief" and this is explained in the Bill. I am very satisfied that religion, as well as an absence of religious conviction or belief, are protected as a characteristic in the Bill as currently drafted. The effect of the amendment would be to include philosophical convictions as well as religious beliefs or, indeed, the absence of religious beliefs, as protected characteristics. From the extensive public consultation carried out in 2019, this was not an issue that arose. This was the process that informed the list of protected characteristics on the basis of the lived experiences of those most impacted by hate speech and hate crimes, of which over 50% amounted to racism. For this reason, considering that "absence of religious conviction or belief" is already included in the Bill, I am of the view that the amendments are not necessary.