Paul Lawless (Mayo, Aontú)
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15. To ask the Tánaiste and Minister for Justice and Equality if he has raised the implications of the proposed EU legislation on hate speech at an EU level; and if he will make a statement on the matter. [37589/25]

Paul Lawless (Mayo, Aontú)
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Is it the Minister's intention to reintroduce the hate speech legislation brought forward by his predecessor in the previous Dáil that was a such dramatic failure?

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

Paul Lawless (Mayo, Aontú)
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I welcome the Minister's response and the sea change in the Government's approach to the hate speech legislation. His predecessor, Deputy McEntee, was a big proponent and driver of this hate speech legislation, so I commend the Minister, Deputy O'Callaghan, on what he is doing. This House should always protect freedom of speech. We saw in Germany recently that pro-Palestinian protesters were treated in the harshest way possible. In this country, people's views of and sympathies towards the Palestinian people are very different.

In relation to the movements from the European Union, is the message from this Government that it is in compliance and will not be co-operating with any diktat in relation to hate speech legislation?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I want to dispute the Deputy's categorisation of my colleague, the Minister, Deputy McEntee, in terms of her role in the previous Government. It was the policy of the previous Government and the previous Government made a decision to change that policy. It is unfair of the Deputy to focus on her individually.

In regard to challenging hate speech, it is important to point out that, as I said earlier, simply because there is not new legislation being put in place does not mean there is not legislation in place. Since 1989 we have had the Prohibition of Incitement To Hatred Act. It exists in our law. We have a common law that provides for circumstances where aiding and abetting of criminal offences is also a criminal offence. The law covers this area.

I also make the point that there is a responsibility on all of us to try to challenge hate speech. Although hate speech may not result in everyone being brought before the courts, we should be able to ensure that we do not tolerate people engaging in hate speech which is designed to undermine or upset others. There are two ways of looking at this. We can look at it from the strict legal point of view or from a societal point of view. From the latter point of view, we should certainly all be challenging hate speech.

Paul Lawless (Mayo, Aontú)
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We abhor hate and I firmly believe that we should all speak respectfully. However, the previous Government set out essentially to define what hate would be. That is obviously a dangerous road to go down. There is movement throughout the European Union to push hate speech laws. Is the Minister saying today that is not going to happen and we are in compliance and we are going to say "No" to Europe on this matter?

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I have answered that already. I said we have fully transposed the Council decision. It is part of Irish law. We fully transposed it. There are no further steps for Ireland to take. However, I believe we all have a responsibility to ensure we challenge hate speech. Irrespective of whether it is challenged in the courts or by the Garda, we have a responsibility to challenge it.