Seanad debates

Tuesday, 17 November 2020

Criminal Justice (Hate Crime) Bill 2020: Second Stage

 

10:30 am

Photo of Eileen FlynnEileen Flynn (Independent) | Oireachtas source

I have spoken once before in the House about the need for hate crime legislation and I welcome the opportunity to address this important subject again. I came into the Seanad with the hope that I would help break down barriers for the Traveller community and for all those on the edges of society. I believe inclusive and effective hate crime legislation must be part of this.

I acknowledge Senator O'Loughlin's efforts in this area. However, I am aware that some of the issues with the previous draft legislation in 2016 have still not been addressed in the current version. During transgender awareness month, it is particularly important to point out the need to make sure that transphobia is addressed separately from homophobia in the Bill. This is not clear in the text.

As the only person from an ethnic minority group in the Seanad, I know that if this legislation is not worded appropriately, it could have a very bad impact on people from ethnic minority groups. It would be like the 1989 Act and will not work. Any legislation in this area must be informed by consultation and engagement with civil society. As politicians, we all need to learn and listen because if we do not get legislation right, it could have a negative impact on the people concerned.

One of my favourite quotes is "nothing about us without us" because work is often done without consulting the people who are impacted. While it is great to do the work, we must engage with the people who are impacted by hate crime and hate speech. This is why my colleague in the Civil Engagement Group, Senator Lynn Ruane, and I have over the last two years held consultations on hate crime with a broad network of stakeholders, including the Irish Traveller Movement, Traveller LGBTQI+ Action Group, the Irish Network Against Racism, INAR, and Muslim Sisters of Éire, to name but a few.

Since 2014, I have been involved in the #LoveNotHate campaign around hate crime legislation with Shane O'Curry of INAR and the wider INAR network. Senator Ruane and I are working passionately to deliver hate crime legislation that will work for people in Irish society. We will also follow the Department's review of the Prohibition of Incitement to Hatred Act 1989.We have been working with academics from all universities regarding legislation on hate crime that will work for people from ethnic minority groups.

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