Seanad debates

Tuesday, 17 November 2020

Criminal Justice (Hate Crime) Bill 2020: Second Stage

 

10:30 am

Photo of Lisa ChambersLisa Chambers (Fianna Fail) | Oireachtas source

I commend my colleague, Senator O'Loughlin, who has been working on the Bill for a number of years and who brought it before the previous Dáil. I know how much she cares about the Bill, how passionate she is about this issue and how much she wants to see real and meaningful change.It is a fact that Ireland, thankfully, has become a far more progressive, inclusive and diverse society over recent years and we have witnessed significant positive changes. However, not everybody has welcomed this change with open arms. With any change we always meet some resistance. Out of this have come some really hurtful and damaging behaviours by some in our society who sought to commit a crime against another citizen of the country who is another human being, simply on the basis of hate, because they perceive that person to be different to what they believe in or what they want. This needs to be dealt with.

The basis for this legislation is to allow the courts in a situation where a crime has been committed where it is known, or where there is evidence to show, that it is on the basis of hate or discrimination, be it sexual orientation, race, ethnicity and all the categories in the Bill, to take into account when sentencing that hate has been the basis for the commission of that crime. This is important for our society and that is most important for the victims of the crime so they know the harm and hurt done against them has been recognised by the courts, the laws of the land and society, and has been condemned in the strongest sway as being simply wrong and unlawful once we get these laws on the Statute Book.

It is important to note that when somebody is attacked because of their identity or the person they are it leaves a long and lasting psychological impact. Words can hurt the most. "Sticks and stones may break my bones" was something we often rhymed in the playground but the words definitely lasted longer and often can take the longest to heal. It is these types of prejudices and discrimination that we as a country and society need to discuss openly and work through and, quite frankly, stamp out. It is very welcome to have an opportunity in the House to debate the legislation and the topic.

It is very good of Senator O'Loughlin to acknowledge that there is still work to be done on the legislation and that it is not perfect. Some of the emails we have seen show how sensitive the topic is and how many communities and people are affected. Everybody needs to be brought on board and we need to listen to all of these voices. This is just a starting point and there is a long way to go in getting this legislation on the Statute Book. This is why it is important that there be cross-party and government support and that we work with all the stakeholders involved to make sure all voices are heard. The last thing we want to do is exclude anybody or enact legislation that offends our hurts in any way.

I congratulate Senator O'Loughlin on getting the Bill debated. I was not aware it had been so long since had been discussed in either House. This is certainly a failing of the national Parliament. This is a good starting point and I welcome the opportunity to make a short contribution on the matter.

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