Robbie Gallagher (Fianna Fail) | Oireachtas source

I welcome the Minister back to the House. This is the first opportunity I have had to congratulate her on the recent addition to her clan. I wish her well in that regard.

From a Fianna Fáil perspective, I welcome the Bill and what it seeks to address. The one thing we all have in common in this House, regardless of which side of the argument we come down on, is our belief in the need to have legislation on hate crime and hate speech. It is sad we have to go there but unfortunately that is the world we live in today. As Senator Craughwell said, at some point in time most of us in this House, including me, have been subjected to it. Unfortunately, it is something we must address. This legislation is an attempt to do so. We are not unique in that. I understand that we are one of 15 countries that have moved to legislate on this. Six of those countries are in the EU. Our closest neighbours in the UK have also moved to address it.

I listened to the first session of the debate last week and found it informative. As legislators, we have a responsibility to ensure that when we introduce legislation that the general public has clarity on where the line is. It is reasonable to suggest that there is a lot of debate about certain aspects of the Bill. Senator O'Doherty spoke about definitions of the word "hatred" and mentioned "incitement". Senator McDowell, whose opinion, among others, I value greatly made a powerful contribution during the last session about that. It would be wise for us all to take all those contributions on board. I have no doubt the Minister will do so. I look forward to hearing her contribution at the end of this debate, having listened attentively to all the contributions made on this issue. I hope and am confident that she will bring clarity to all the concerns that are genuinely held by people who all agree that something needs to be done about the issue, but have concerns about how far we go and about the clarity of the legislation we are introducing.

With that in mind, I was contacted in recent days by a number of people who inquired about the exclusion from the Bill of language as a protected characteristic. Perhaps the Minister will comment on that as it is not in line with the EU Charter of Fundamental Rights. Language is very much part of who and what we are. We do not have to look too far from where we are standing, across the Border, to see that language can unfortunately be used against people. Was the inclusion of the Irish language considered in that context when the legislation was drafted? Does the Minister feel it could be addressed on Committee Stage if she feels there is a need to address it?

Most of the interpretation of the Bill is based on what a reasonable person would interpret as offensive. When legislation is introduced in this House - across all Bills - many Senators state that sometimes ordinary people would find it difficult to understand exactly what is going on. If ever there was an argument for legislation to be put into plain language in order that ordinary people - I include myself in that - would understand exactly where the line is, it is this Bill. It is vital that people know beyond doubt where the line is drawn on hatred and incitement.

I will not repeat what other speakers have said on the Bill. As I said earlier, I know the Minister has listened attentively to what has been said. On the volume of emails, like all other Senators, I have received hundreds. As Senator McDowell stated, some were extreme. I certainly agree with that, but some raised genuine fears and concerns which I hope, at the conclusion of this debate, the Minister will be able to shine a light on. Perhaps the concerns that are legitimately held by many will be addressed by her when she is summing up.