Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire. Ar dtús báire, at the beginning, I have to apologise. The Minister, Deputy Coveney, is before the Joint Committee on Foreign Affairs and Defence to discuss the situation in Ukraine and, once I deliver my brief remarks, I am going to attend that meeting, so I apologise for not being here to hear the Minister's response. I always find it really enlightening when people lay out potential scenarios in respect of the likes of this. They have the freedom to come in and talk about it. There is no suggestion that what is happening in Finland is going to happen here as a result of the motion and the legislation the Minister will subsequently introduce. Again, people have a right to protest and to free speech. As Senator O'Loughlin rightly said, it is when there is a victim or when someone is hurt or impacted as result of speech that it crosses a line.

The thinking behind this motion is to create a more inclusive and protective Europe. Its intention is to expand the list of EU crimes to include hate speech and hate crime. The list of EU crimes is already extensive. Colleagues have referred to these crimes. Passing this motion will add to that already comprehensive list. The extension of the list will cover all forms of hate crime and hate speech, whether based on race, religion, gender or sexuality. These are laudable objectives which Sinn Féin can support but it would be useful if the Minister were to outline what the Bill will look like and what the interaction between domestic and EU law will be with regard to eradicating hate crime. Support for this motion in the Seanad will pave the way for the European Council to take the initial steps required to establish the legal basis needed to create a legal framework to combat hate speech and hate crime across the EU. The setting of minimum standards with regard to crimes with cross-border implications makes sense as we live in a connected world. In addition to this State being seen as a tax haven and a carbon emissions haven for corporations, there is a risk that we might also be viewed as being weak on hate speech on social media.The minimum standards the motion aims to set out should combat this. We also need to be mindful that introducing legislation of this nature must be accompanied by scrutiny that is properly used and directed. Equality and free speech must be advanced together. We have seen occasions when hate crime legislation was misused against the Travelling community and other migrant communities.

The gathering of data is another area where more work needs to be done. The work that has been carried out across the water in Britain is worth looking at.

There was some concern that supporting this proposal could have constitutional implications for the State. However, as I understand it, the Office of the Attorney General has advised that opting in to the proposed decision to extend the list of EU crimes to include hate speech and hate crime under Article 83 does not in itself create a constitutional or legal problem for the State. The motion is a welcome addition and I support it.