Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

The Leas-Cheann Comhairle is running a tight ship today because things are flying ahead of schedule. This is landmark legislation that will strengthen our law when combatting hate crimes in Ireland. I commend the Minister and the Department on delivering on this key commitment in the programme for Government. Considerable work has gone into the Bill, which is a significant step forward. In a country that has been defined by economic and social progress in recent decades, it can be easy for our society to become complacent and think that things will only continue on that trend. However, that is not always the case and the forces of division and extremism are relentless in their efforts to pursue an alternative agenda.

Other Deputies will probably agree that during the pandemic, a certain element of denialism crept into society. It has increased significantly since then. I am sure other Deputies have received emails in recent weeks from some of the same constituents who voiced concerns about lockdowns, masks and vaccines, among other things, and who have now turned their attentions to this particular Bill.

I welcome the fact that changes were recently made with regard to how the Garda records and identifies hate crime. The statistics for 2021, published recently, were the first published statistics for a full year since those changes were made. The figures show 400 hate crimes reported by the Garda, more than half of which were motivated by race and almost one quarter related to sexual orientation. The remainder of the cases involved a number of other motivations, including nationality, religion, gender, disability and so on. These changes to the recording method of such incidents will allow us to build up a better picture of the situation for many of the minority groups in Ireland. However, we must also note that many of these incidents go unreported, which is a challenge for us all. We must not only build faith and confidence in the system but we must also build trust between minority groups and the State authorities, such as the Garda. This is easier said than done as many minority groups, for a myriad of different reasons, have historically had a strained relationship with the State.

The Government should undertake an educational campaign aimed at the public on how to identify discrimination, hate crimes and incitement to hate and, in doing so, give the vast majority of decent people the tools to identify and highlight to others when they cross a line.

Importantly, the Bill will create new aggregated forms of certain existing criminal offences where those offences are motivated by hatred against a protected characteristic or where the perpetrator demonstrated hatred at the time of committing the offence. The protected characteristics for the purpose of the legislation are race, colour, nationality, religion, national or ethnic origin, descent, gender, sex characteristics, sexual orientation or disability. These are important steps that will allow the Garda and the legal system to prosecute perpetrators and send a clear message to minority groups that the State and the relevant authorities are on the side of their efforts.

As the Minister said, the Bill, taken in conjunction with other legislation, most notably the Online Safety and Media Regulation Bill 2022, shows that we are making progress in pushing back against those who wish to sow discord in our society. The online Bill will abolish the Broadcasting Authority of Ireland and establish a new regulator, the media commission. It will also provide for the appointment of an online safety commissioner to oversee the new regulatory framework for online safety, something that many of us have been working towards for some time. Indeed, when I was chair of the Joint Committee on Children and Youth Affairs, that was one of things we were trying to push the Government to deliver. I am delighted that work is ongoing.

Social media companies will be governed by legally binding online safety codes under the Online Safety and Media Regulation Bill. Breaches of these codes will lead to serious financial sanctions. These online safety codes will deal with a wide range of issues, including measures to be taken by online services to tackle the availability of harmful online content, including hate material, on their services.

There will be those who will criticise the Bill, as some have done. Some people have claimed it subverts an individual's right to freedom of speech. I, frankly, believe that to be a fig leaf in the context of this Bill, particularly with regard to the incitement of hate crimes. The Bill will not limit free speech or shut down public debate. However, individuals who deliberately or knowingly put other people in harm's way because of their statements and views will be committing a crime. Fundamentally, free speech does not entitle a person to cause harm to another.

There has been growing anxiety among a number of minority groups in Ireland regarding hate crimes, and it has been increasing in recent years, in particular. Many people have experienced increased fear in their daily lives. This legislation, therefore, has not come a moment too soon. It reaffirms the Government's commitment to the delivery of equality at all levels of society, the stamping out of criminality and the protection of victims.

I was only recently appointed to the Joint Committee on Justice and, unfortunately, did not get to participate in the pre-legislative scrutiny of this Bill. However, I have read the report of the committee and the observations of many NGOs, advocacy groups and Oireachtas Members.

I look forward to the passage of the Bill and I thank the Minister for the work she put into it.

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