Rónán Mullen (Independent) | Oireachtas source

I was also very sorry to learn of the death of former Senator Brian Hillery. I met him many times in these Houses and outside. In addition to being an accomplished person, he was also a very pleasant man to meet. Ar dheis Dé go raibh sé.

Before Christmas, the Minister for Justice, Deputy McEntee, published a report on her Department's review of the Prohibition of Incitement to Hatred Act 1989. In one sense, that report was welcome. It indicated a more moderate and sensible approach to the issue than we have seen to date, especially in the wake of the Private Members' Bill on hate crimes which we debated here in November. I had occasion to criticise that Bill, as did others.

However, I have significant concerns about the Department of Justice's report, and I ask the Leader to schedule a debate on it here as soon as is possible in these strange circumstances. On 18 December, The Irish Timesreported that officials in the Department of Justice believed that any new hate speech legislation must outlaw Holocaust denial. I am conscious that Holocaust Memorial Day is tomorrow and it was marked in Dublin last Sunday. It is a very important event and I support it fully, as we all do. Holocaust denial is something odious and ridiculous.

The question, however, is whether such views should be a crime, and whether historical facts, as such, should be given the protection of criminal law. Indeed, it is also a question of whether stupidity should be a crime.I wonder where that would end. What has prompted this reflection was the fact that the report published by the Minister does not contain a single word about Holocaust denial nor does the Department's research into hate speech legislation in five other jurisdictions. I wonder why Department of Justice officials are briefing the media on items that are not proposed and mentioned in the report. Are proposals being concealed from the Oireachtas? If that is the case, what is the point in producing such reports?

We are all familiar with the RTÉ sketch that took place on New Year's Eve, which caused gross offence to Christians, and Catholics in particular. I do not believe that type of speech should be prohibited, under law, as hate speech. I was quite satisfied that RTÉ gave a full apology. If that is enough for a State broadcaster like RTÉ then why do ordinary citizens need to be policed by hate speech legislation. I would be very grateful, a Threoraí, agus lá breithe sona duit, if we could have a debate on that in due course.