Paul Gavan (Sinn Fein) | Oireachtas source

The Minister is very welcome. It is good to see her back. This is a very important debate this evening. There has been much debate generated by this Bill recently but the fundamentals of that debate do not stray far from the analysis Sinn Féin has consistently offered. Simply stated, there is a difficult balance between freedom of speech and inclusion. This balance interacts with itself as for freedom of speech and participation to be fully realised for some, hate and violence must be restricted and punished in some instances.

There is little doubt but that the Irish justice system requires a comprehensive and single statute on hate-related offences. An Irish Council for Civil Liberties study published in 2018 commented on the lack of consideration of hate within the prosecution of crime. This Bill has a long and, to be generous, storied history. The Prohibition of Incitement to Hatred Act 1989 provided the legislative framework for those acts specifically but it has been little used and does not cover hate crimes or genocide denial, as this Bill purports to do.

There is a need for more robust legislation but in increasing the penalties on prosecution of hate, we cannot restrict free speech for those who are most vulnerable. For instance, restrictions on groups campaigning for civil rights and national liberation, especially in regard to Palestine, can be envisaged as arising from the Bill as it is currently drafted. Laws have been weaponised in other jurisdictions and the lack of detailed definitions of hate and protections for freedom of expression are a genuine concern. In previous Stages in the Dáil debate, Sinn Féin Members have outlined that while we support the principle of the Bill, we have some grave reservations about some of its provisions. These primarily relate to the demonstration motivation test; section 10 on the presumption of innocence when material likely to incite hatred is possessed; and the sections on public order offences. We, along with other parties, moved a number of key amendments related to these issues of concern and it is a matter of regret that the Government has failed to address these matters through accepting amendments or moving any of its own.

Sinn Féin has worked constructively at pre-legislative scrutiny stage and at Dáil Committee and Report Stages to try to make sure this legislation is fit for purpose and does not erode the right to free speech, the right to protest or freedom of expression. The Bill has now passed to us in the Seanad and there is still significant work to be done. Usually where a Bill passes through the Lower House first, the job of work is clear and specific but the task ahead of us now seems almost impossible. I anticipate that a large number of amendments will be forthcoming. The Government can and should take action to avoid a deeply flawed Bill passing into law but it is running out of time to do this. Our support for a single statute on hate offences does not extend to supporting unsatisfactory or bad legislation.

I wish to draw attention to what the last speaker, Senator O'Donovan, a former Cathaoirleach of this House, said. He made a very important point. This Bill is far too important to be rushed. It is far too important to be rushed through in the remaining weeks before the summer recess. We have expressed concern and have consistently asked the Government to work with us because we recognise it is important that a Bill tackling these issues is passed. It is a matter of regret that the Government has not done so. I appeal to the Minister once again to take the time to get this Bill right. I ask her to work with us and with the amendments that we will produce. If she does not do so, to be absolutely frank, we will have no choice but to vote against this Bill.