Results 5,481-5,500 of 45,510 for speaker:Simon Harris

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: It would. The Act will provide for the protected characteristic being a religion or absence of religious conviction or belief.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: Then we are back to the point where we genuinely have no practical example of that having come through the consultation. I am not being flippant in any way on this matter but we must, at some point, decide what the protected characteristics are. What we used to inform the wording was the public consultation, which took place long before my time in the Department of Justice. There was an...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I am indeed.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I acknowledge the detailed work and constructive suggestions that are being made. Deputies will be aware that many of the protected characteristics underpinning the Bill are carried forward from the Prohibition of Incitement to Hatred Act 1989. The addition of several new characteristics, namely, descent, gender, sex characteristics and disability, have been informed by public consultation...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: The rationale of my response is the same as in the previous interaction I had with Deputy Ó Ríordáin. Much has changed in the world, particularly in relation to recognition of ethnicity, since the Equal Status Act 2000 but I make the same point that this Bill cross-references the equality Acts and there is a review under way by the Minister, Deputy O’Gorman. That is...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: The Deputy is right. The way to deal with this is separate from the previous answers I gave. Both Deputy Pringle and Deputy Ó Ríordáin propose to expand the definition of gender to include reference to non-binary genders. I assure them this matter has been carefully considered in the drafting. While I appreciate the intention behind the amendments, I am advised caution in...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: Can the Deputy let me reflect on that?

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: Yes I would be very happy to reflect on that because I want to be absolutely clear, and for anyone watching these proceedings I want to be absolutely clear, that the intention is to ensure that there is comprehensive protection under this Bill to a person with a non-binary gender identity. The Deputy's suggestion is sensible so I can take that away and look at it. I will revert on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I am happy to do that.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I move amendment No. 24: In page 7, line 14, after “Expenditure” to insert “, National Development Plan Delivery”. This is a very straightforward amendment which calls the Department of Public Expenditure and Reform by its correct name. The Department has now been renamed the Department of Public Expenditure, National Development Plan Delivery, and Reform with...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I note the Deputies' amendments. The purpose here is to keep the legislation under active review. I obviously share the view that legislation should be kept under ongoing review. It is available to the Oireachtas to amend any legislation at any time to ensure it is operating as intended. I recognise that the substance of this Bill provides for relatively new concepts in our criminal...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I am sorry Chair have we-----

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: In the previous grouping Deputy Pringle was not here for amendment No. 27. I do not mean to be difficult but were they grouped with amendment No. 35-----

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I thank the Chair. First to see an outbreak of harmony I am endeavouring to do in amendment No. 41 what Deputies Pa Daly and Martin Kenny wish to do in amendment No. 40. My officials have considered research in the area of genocide. There is a valid rationale for including nationality and gender in the list of protected characteristics for the purpose of section 8 on the basis of evidence...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I will speak to the grouping for clarity because it will help people who are following the broadcast of the proceedings. Deputies Daly, Martin Kenny and Pringle seek to provide that an offence of incitement to violence or hatred may be on account of actual or presumed membership of a group defined by reference to protected characteristics. I have explained why that is not necessary in...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I move amendment No. 31: In page 8, line 14, before “does” to insert “the person”.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I move amendment No. 41: In page 10, line 10, to delete “(d), (e)or (f)” and substitute “(c), (d), (e), (f)or (g)”.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: The Deputies have proposed a number of amendments to section 10, which relates to the offence of preparing or possessing material that incites violence or hatred. Deputies Paul Murphy, Bríd Smith, Boyd Barrett and Gino Kenny propose deletion of the section in its entirety. I cannot agree to that proposal as I believe it is of fundamental importance that there be an avenue for...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: I accidentally responded to Deputy Smith's opposition to the section before she had addressed it. We believe it is of fundamental importance that provision be made for this avenue for prosecution. We have a system that involves the DPP and others making the decisions on whether to prosecute particular cases. There needs to be an avenue for prosecution where an individual has created...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Simon Harris: The threshold of intending to incite hatred must be met. The example the Deputy gave of somebody doing research work is covered under other protections in legislation. The provision we are bringing forward here is in recognition that the threshold is changing, as I said to Deputy Daly. The provision is being brought forward from the 1989 Act. It exists in Irish law today and we are...