Seán Kyne (Fine Gael) | Oireachtas source

I welcome the Minister of State and I compliment those involved with this Bill, particularly Senator O'Loughlin, as lead speaker. I welcome the debate on this important matter.

One never knows from one day to the next who might be impacted upon by hate crime or hate speech. Any attempt to impose heavier penalties is to be welcomed. The Bill has been put together quite well. It encompasses a number of different areas, including issues relating to an individual's asylum or refugee status, race, colour, religion, nationality, ethnicity, disability, sexual orientation, transgender identity, sex characteristics, age or perceived age, and provides for related matters. All of these, evidence has shown, are matters in respect of which people have either suffered abuse or been subjected to hate speech and hate crime. Obviously, there is a history here in the context of LGBT communities, people with disabilities, who are constantly discriminated against in any event, and those who are coping with very difficult situations regarding transgender identity.

The previous Government did a great deal work on transgender issues in particular. We have been approached by a number of individuals who have made submissions regarding concerns that they have that the Bill could cause problems for some within the LGBT community. This stems from concerns regarding the Gender Recognition Act 2015, with which I would have been involved via the Government that was in office at that time, as would other Members of both Houses, past and present. We celebrated the introduction of that groundbreaking legislation. The main problems are arising because of the idea of gender replacing the idea of biological sex. The 2015 Act allows someone who identifies as being of the male gender to be recognised by the State as a biological male and for someone who identifies as female to be recognised by the State as a biological female. There are concerns within the LGBT community about certain aspects of the Bill. I know that it would not have been the intention of those who drafted it to be the cause of such concerns. I am sure that if the Bill is allowed to proceed to Committee Stage, some of these issues could be ironed out.The purpose of the Bill is to make provision in law for hate crimes against persons on the basis of asylum or refugee status. Many of us have experience in dealing with very vulnerable people who are discriminated against because of who they are, their race, or their status in society. I had direct experience of that in the past year in my previous role. It is an area that is fraught with difficulties so I can very much understand the rationale behind a Bill that will give additional and added protections to individuals who face that level of discrimination and who are the victims of such hate crimes.

I mentioned sexual orientation and transgender identity. When in government, we have done a great deal to be proud of, with cross-party support over the past number of years in this area of recognising the identities of people. We passed a groundbreaking referendum on sexual orientation as well, which has thankfully resulted in a positive impact on the status of, and access to, civil marriage as well. I welcome the debate and the work that has been done by the Fianna Fáil Senators on the Bill and look forward to the Minister of State's response to the views.