Seanad debates

Tuesday, 17 November 2020

Criminal Justice (Hate Crime) Bill 2020: Second Stage

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

Anyway, I thought this was rather odd because I was the one who was supposed to be unbalanced, ill, abnormal and so on yet here was this creature ringing me up.

Many years ago, one of the free newspapers in Galway put out an edition which was full of homophobic rhetoric. It was violent, aggressive and appalling. I tried to get that looked at by the Director of Public Prosecutions and I was told that there was no basis for doing that because there was no hate crime. That is a good illustration of how it is very necessary.

This has been noted internationally, as referred to by Senator O'Loughlin. The UN special rapporteur on the elimination of racial discrimination criticised the Government for failing to reform its legal framework on hate crime and called for a clear, timebound commitment to make the necessary changes in law. That is significant. This is still going on. In February of this year, a young man in Newbridge - I am not sure if it was the same case Senator O'Loughlin was referring to - was attacked and stabbed on the basis of his assumed sexuality.

I received a lengthy document from a group of women who have problems with the hate crime legislation because they said it allows for the idea of gender to replace the idea of biological sex. They say it lets someone who identifies as the male gender to be recognised by the State as a biological male and for someone who identifies as female to be recognised as a biological female. I am putting that on the record without comment because it was referred to me.

I notice Senator O'Loughlin is introducing an amendment but she is leaving in this idea of perception; the victim perceived that a crime has been committed. That is not satisfactory. It should be removed because it is so subjective. If somebody shouted, "Ya dirty aul snot" to me I would think it is because I am a fairy. It is not. It is because he thinks I am a snot. I believe this is legally challengeable also.

I commend Senator O'Loughlin on the Bill. It is very timely and I hope it passes.

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