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Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No. 4: In page 8, line 17, to delete “or hatred” and substitute “or intimidation, hostility or discrimination”.

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No. 5: In page 8, line 28, to delete “religious”. The purpose of this amendment is to remove as a defence for hate speech material that something is a reasonable and genuine contribution to religious discourse. Many very positive messages of solidarity, support and charity stem from religious discourse. Many other messages are issued - theological points...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I have made the points I wished to raise on amendment No. 5. The points made by the Minister of State on the high bar that is needed are arguments not to have the religious defence. As there is a high bar, regular religious discourse will not fall into the realm of hate speech. It would do so only if it crosses a very high bar and is hateful. That is the context. That is the only...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: That was freedom of expression in operation. Freedom of expression is the freedom not to agree. Does the Minister of State accept there is a risk here, that we are engaged in a sensitive and risky area that touches on the right to freedom of expression and that although it is appropriate that hate speech and hate crime is dealt with, it is very important that the right to freedom of...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No. 6: In page 11, to delete lines 1 to 30. This amendment and the later amendment relating to the demonstration test are the two most significant issues for us and where we have the greatest problem. Section 10 is very problematic. I read the transcript of the Committee Stage debate and the Minister did not fundamentally deal with this issue. Section 10 creates the...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: The Minister of State's answer does get to the heart of the problem. He says that people should be held responsible for their actions, even if the authorities intervene before they do anything. How can we hold people responsible for actions that they have not taken? That goes against the main thrust of our criminal law, which relates to actual crimes that take place, not bad thoughts that...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: It gets to the fundamental issue again. We are just going around in circles. This is material that is likely to incite violence or hatred, but the material can simply be sitting on a person's computer and no hatred has been incited. The Minister of State is saying the Garda will intervene before it is done, but the onus is then placed on the individual to prove that he or she was not...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No. 7: In page 11, line 35, after “characteristic” to insert “, in this respect, particular regard must be had to the importance of the right to freedom of expression by virtue of Article 10 of the European Convention on Human Rights, including the general principle that the right applies to the expression of information or ideas that offend, shock or...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: Yes.

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No.9: In page 16, to delete lines 3 to 10. The three amendments remove what is known as the demonstration test to demonstrate that these are hate crimes and therefore the crime itself becomes aggravated by hatred. This is very unusual in criminal law that one is not relying on motivation but instead seeking to rely simply on demonstration to establish that a particular...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I am not convinced by the Minister of State's response. Towards its conclusion, he outlined the consequences of being convicted of a hate crime, including a higher sentence and being labelled as a hate criminal. It is a serious offence. Would it not make sense, therefore, to try to ensure people who are convicted of a hate crime will be people who have committed crimes actually motivated...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I might make a short, general point in response. We are in favour of having good hate crime legislation. The work done by those in the Coalition Against Hate Crime Ireland has been excellent. Many of the groups it comprises are ones with which we organise, such as Le Chéile, Ireland for All and so on. Having said that, section 10, the thought crime section and the failure to insert...

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023)

Paul Murphy: I move amendment No. 10: In page 17, to delete lines 20 to 27.

Deployment of a Naval Vessel to Operation Irini: Motion (Resumed) (26 Apr 2023)

Paul Murphy: Vótáil.

Twenty Third Report of the Standing Committee of Selection: Motion (Resumed) (26 Apr 2023)

Paul Murphy: Vótáil.

Written Answers — Department of Justice and Equality: Rental Sector (26 Apr 2023)

Paul Murphy: 132. To ask the Tánaiste and Minister for Justice and Equality the steps he is taking to ensure that enforcement guards empowered to carry out evictions on behalf of landlords under the Private Security Services (Amendment) Act 2021 will not be used in illegal evictions; and if he will make a statement on the matter. [19881/23]

Written Answers — Department of Agriculture, Food and the Marine: Animal Welfare (26 Apr 2023)

Paul Murphy: 138. To ask the Minister for Agriculture, Food and the Marine the number of horses that died as a result of injuries incurred at racetracks in Ireland from 2010, broken down on an annual basis; and the number of horses that died at each race course, in tabular form. [19722/23]

Written Answers — Department of Agriculture, Food and the Marine: Greenhouse Gas Emissions (26 Apr 2023)

Paul Murphy: 144. To ask the Minister for Agriculture, Food and the Marine to outline how the agricultural sector will reach the emissions targets for 2025 and 2030 given the continuing rise in Ireland's emissions; and if he will make a statement on the matter. [19885/23]

Written Answers — Department of Agriculture, Food and the Marine: Forestry Sector (26 Apr 2023)

Paul Murphy: 145. To ask the Minister for Agriculture, Food and the Marine if he will radically revise Coillte's remit towards having the primary objective of promoting biodiversity; and if he will make a statement on the matter. [19886/23]

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Disabilities Assessments (26 Apr 2023)

Paul Murphy: 153. To ask the Minister for Children, Equality, Disability, Integration and Youth when a person (details supplied) will receive an assessment of need and subsequent service statement from their local children's disability network team. [19718/23]

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