Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank Senators for the general support for the Bill, albeit some concerns have been raised. I reassure everybody in the House that in no way will the national legislation or the legislation we propose to opt into at a European level get in the way of everybody's right to free speech. It is vital that freedom of expression continues but where speech incites or encourages others to commit crimes against a person or group of people because of who they are, the colour of their skin, their gender, their sexual orientation, because they have a disability or otherwise, it crosses the line. We need a clear line. There should be an ability for people to say what they want and express themselves but where that crosses the line and other people are hurt, it cannot be tolerated.

I have no hesitation in commending the motion that we opt into this proposal to the House. As is the case with most of these motions, if we do not opt in within the first three months, we can do so at a later date but will not have the opportunity to engage in the various elements that will follow. It is important we are around the table and show that Ireland is fully behind the European approach, particularly that of our French colleagues who proposed this and want to see it passed during their term.

As we open our doors to those fleeing hate in their countries, we need to make sure that when they come here we are determined to show those who seek to promote hate that it will not be tolerated.

Some Senators have mentioned the fact that An Garda Síochána is improving its structures and systems as to how hate crime and hate speech is recorded at a national level. It has accepted that, regarding hate-based motivation for crime in previous annual reports, there is under-reporting. One thing we would like to see out of the national legislation is that more people come forward. It is about making sure we have laws we can implement. The law from 1989 is not really used because it cannot be implemented in the way we need. We want to ensure that people come forward because they have confidence that there will be prosecutions and that what happens to them will be taken seriously.

Times are changing and this legislation at a national and EU-level recognises that hate crimes, hate speech, racism, xenophobia and anti-Semitism know no boundaries. With the introduction of online platforms, the way we can communicate with each other is fantastic but it means this type of behaviour can spread more quickly and more people can be negatively impacted.

I thank Senators for their support and I look forward to engaging with them again when we bring forward national legislation and to having further discussions about what happens at a European level.

On the link between the two, this is an enabling measure, initially, at a European level. When we see the detail of what will be included at a future date, we will examine that in further detail. We want to make sure this lines up with what we are doing at a national level so we are in sync with our partners across the EU.