Alan Farrell (Dublin Fingal, Fine Gael)
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24. To ask the Tánaiste and Minister for Justice and Equality if she will provide an update on her work to legislate against hate crimes; and if she will make a statement on the matter. [35751/22]

Brendan Griffin (Kerry, Fine Gael)
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I ask the Minister to update the House on her work to legislate against hate crimes.

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, Ireland has become a more diverse and welcoming country in recent decades. I strongly condemn, as I know he does, the actions of the small minority of people who subject others to abuse or attack resulting from their own prejudice. On 16 April 2021, I published the general scheme of the criminal justice (incitement to hatred and hate crime) Bill 2021 following extensive public consultation. The general scheme was then referred to the Oireachtas Joint Committee on Justice for pre-legislative scrutiny. This took place in November 2021 and the report was published in April 2022. I am committed to advancing work on the Bill this year. It is my intention that it will be enacted by the end of the year.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The aggravated offences will generally carry an enhanced penalty, compared with the ordinary offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime, something that does not exist and is not recorded at the moment.

Following receipt of the report of the Oireachtas Joint Committee on Justice in April, my officials have been examining the recommendations made. Some of these recommendations have required further legal advice and consultation with key stakeholders. Last week during Pride week, I was very glad to meet representatives of LGBTI+ non-governmental organisations to discuss a range of concerns, including their wish to see this Bill enacted as soon as possible. Drafting of the Bill is under way with the Office of Parliamentary Counsel and I expect it will be published in the early autumn.

We have all been appalled by some of the recent crimes that have been committed, in particular the murder of two young men and the more recent attacks even during last week's Pride. People have been indiscriminately targeted simply because of who they are and that should not be tolerated. In the engagement prior to the publication of the heads of Bill, it became pretty clear that even though we are a modern and welcoming society, some people living in this country are still afraid to go about their daily lives simply because of who they are and for fear that they will be targeted. This legislation is important and necessary, which is why I want it enacted before the end of the year.

Brendan Griffin (Kerry, Fine Gael)
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I commend the Minister on her work on this. This is very reforming legislation. It is something that is needed, unfortunately, perhaps even more in 2022 than ever. It was needed in the past and it is great that finally about to become reality. Most of us will never know what it is like to be a victim of hate crime, but the appalling incidents we have seen in recent times remind us all that this is necessary. This cannot ever be tolerated in a civilised society. Within our community, unfortunately the victims of hate crime are our family, friends, work colleagues and neighbours. It is really appalling. The Bill is vital in terms of its practicalities but also in terms of its symbolism in showing that the State will ensure that these people are given the protection they need in statute. I look forward to the progression of the legislation.

Helen McEntee (Meath East, Fine Gael)
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As the Deputy said, it is really important that we send a strong signal to those who wish to commit these crimes that they will not be tolerated. It is not just focused on crimes but also on incitement to hate. This is where a person, be it verbally, online, in print or in any other type of media actively seeks to incite hatred against another individual or group of people simply because of who they are, because of their race, religion, colour of skin, sexual orientation or any other protected characteristic.

We have a law that has been in place since 1989. Unfortunately, it does not really work. It has not resulted in many convictions and the Garda has pointed out it is cumbersome and difficult to implement. We are essentially retracting that legislation, building on it and improving it particularly when it comes to speech and incitement to hate. We are now adding this additional avenue of hate crime. While the Judiciary have previously taken that into account, it was never recorded and was never on the Statute Book. It is very important that we are doing that now.