Jim O'Callaghan (Dublin Bay South, Fianna Fail)

No, but I will give the Deputy an overview of why that is the answer. I am fairly satisfied that Ireland has transposed the European Council framework decision on combating certain forms and expressions of racism and xenophobia in a manner appropriate and tailored to the domestic system of law in Ireland. I assure Members of the House that Ireland's position has been communicated to the European Commission. That position is that the framework decision is fully transposed in Irish legislation in a manner appropriate and tailored to the domestic system of criminal law and procedure, and is in line with Article 40.6 of the Constitution, which expressly respects and protects the right to freedom of expression and of people to express their views freely.

The Deputy will be aware that last year the House enacted legislation to provide for tougher sentences for crimes motivated by hate. That was the Criminal Justice (Hate Offences) Act 2024. This was sensible legislation that provided for increased prison sentences for certain crimes where they are proven to be motivated by hatred or where hatred is demonstrated. For approximately 36 years, we have had the Prohibition of Incitement To Hatred Act 1989. That provides general protections in respect of those who seek to incite violence and hatred against others because of their inherent characteristics. Combining those two statutory provisions and taking into account the common law operating in Ireland, particularly the common law principles in respect of aiding and abetting, I am satisfied the Council framework decision has been fully transposed into Irish law. Notwithstanding the fact that it is transposed into Irish law, there is a responsibility on all of us to ensure the type of hate-filled messages we hear, regrettably frequently, are challenged and called out. We do not always need a guard or court available to challenge somebody on their behaviour.

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