Dáil debates

Thursday, 10 November 2022

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

 

2:35 pm

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

I am happy to speak on this. The importance of this issue cannot be overstated. However, it is an extremely complex area and my focus in relation to this issue and indeed the Bill is straightforward, namely, does it provide adequate protection to those who are or who may be subjected to hate crimes while at the same time protecting a fundamental right to free speech.

The world is changing faster now than it has done in history. The Ireland that we see today is very different to the one that we were all born and raised in. With the more connected world that has emerged comes the responsibility not only to talk a good talk but to back it up by our actions. No longer can we remain a step removed from the injustices that others face, nor can we continue to ignore them. An onus is on us to do what we can to assist those who are denied a voice or who are denied rights that we take for granted. That is why I support a single statute on hate and why I feel that more needs to be done to tackle those who foster and spread hate, especially when the spreading of such hate leads to violence against others.

The Irish people are renowned for our compassion but unfortunately the same could not have always been said about this State. Compassion is comprised of tolerance, understanding and empathy. I believe that rights and protections that we take for granted should apply to all and should exist in compatibility with freedom of speech, disclosure and expression. That is why it is important that a Bill such as this is worded carefully and reflects and addresses current challenges, attitudes and the progression of ever-developing societal make ups.

Take, for example, the definition of a “protected characteristic”. We have to ask ourselves if a Bill such as this accurately encompasses and protects those who need protection. The intricate nature of each individual and community makes this a complex and sensitive task. While I want to give my support to this Bill, it is clear that it needs perfecting or strengthening. We will be tabling amendments to it and I hope they would be taken onboard. We cannot allow for vagueness, whether that is in clarity about the laws concerned or in the ability of constructive disclosure. We need more. We need to see an action plan to tackle and reduce instances of hate crimes that currently exist or are taking place.

Our record towards the Traveller community needs improvement. They are often treated as the other. Their life expectancies are lower and instances of depression are higher. This is well known but it still needs addressing. Action needs to follow words and, for the Traveller community, that action is long overdue. We also need to ensure the equality of treatment for people with disabilities. The recent revelations about the assessment of needs process and the High Court findings are a case in point. We need laws and we need leadership to accompany those laws. Indeed, we have needed that leadership for some time, not a system that finds ways around obligations, such as was done with the standard operating procedure.

I look forward to further debate on this. I re-iterate my support and that I will work with the Government, other Opposition parties and stakeholders to improve what is before us on Second Stage. A holistic approach to tackle the spreading of hate is needed.

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