Results 7,401-7,420 of 47,419 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: 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...

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: There are a lot of protections in the legislation in respect of defences and freedom of expression. This is all about providing powers in legislation that then have to be assessed and weighed up by various sources, including the DPP. I simply do not see how the scenario the Deputy outlined would arise. The legislation needs to be read in the round and with reference to the defences and...

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: Section 11 has been drafted in careful consultation with the Office of the Attorney General for the very reason Deputy Kenny pointed to, that is, to ensure freedom of expression and public debate are protected. We all want to see that. I am satisfied that the wording of the section as currently drafted achieves this aim. However, I will continue to examine the provision and keep it under...

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 should note that the Department of Justice started with a very different viewpoint on this. We closely followed the pre-legislative scrutiny of this committee and amended policy in response to that. In fairness to my colleague, when the Minister, Deputy McEntee, initially introduced the general scheme that came before this committee, the new law provided for a motivation test for hate...

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. What I can do is set out in a note for the Deputies how we have introduced the demonstration test, the rationale behind it, how it has worked in other jurisdictions and the engagement my officials have had. I would like to try to provide assurance and clarity on the policy direction here. I am happy to provide that to the committee in advance of Report Stage. I am also happy to...

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 appreciate that. There is an important here which ensures that a greater sentence may be handed down where there is a hate element to an offence committed outside the specific aggravated offences provided for in sections 17 to 19, inclusive. While I recognise the intent behind the amendment, seeking to require that the hate element be proven beyond reasonable doubt in sentencing under...

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. 81: In page 22, lines 33 and 34, to delete “, where it is satisfied from the evidence adduced in the proceedings that there was” and substitute “treat as an aggravating factor”.

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. 82: In page 22, lines 36 and 37, to delete “, take that into account as an aggravating factor”.

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. 84: In page 22, line 40, to delete “is good reason” and substitute “are exceptional circumstances”. This is simply a technical amendment to improve the wording of the section and bring it in line with precedence in terms of the Statute Book.

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 cannot agree to the amendment because hatred is an aggravating factor that can lead to a greater sentence. A non-custodial sentence may be imposed at the discretion of the court. I am happy to engage with the Deputy 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 move amendment No. 90: In page 27, to delete line 19. These are minor technical amendments required to correct an omission to the consequential amendments to the Bill as it was being presented.

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. 91: In page 27, line 21, to delete “hatred)”.” and substitute the following “hatred)”, and (iv) the insertion of the following after “section 10 (harassment)”: “section 10A (harassment aggravated by hatred)”.”.