Malcolm Byrne (Fianna Fail) | Oireachtas source

My point is valid. You have to be consistent in your point of view. My challenge on this issue is because you are dealing with two competing rights, both of which are exceptionally important rights. We do need to introduce an aggravated offence when it comes to hatred because the purpose of law is ultimately to favour the victim. It is very clear that we have hate crime and hate speech in this country.

That said, what is essential is for us to have certainty when it comes to enforcement. I am talking again about artists, journalists and others - people who want to be challenging and who are at the cutting edge. Provided that their motivation is not coming from a place of hate, they need to know what they can do. Again, our test has to be how we test that motivation. We cannot read their minds. If somebody stood up on a pulpit or painted a wall and said "all gays must die" or "we should kill all Jews", that is a very clear expression of something. My concern is that there are some areas of the definition here that need to tightened up because they are too loose. I hope that in the context of this debate that we will be able to ensure that we have a good piece of legislation that will protect victims.

The right to free speech is not without limits. We all know that. There is the famous American court case where the judge Oliver Wendell Holmes said somebody cannot go into an open theatre and just shout "fire". At times, there have to be limits placed on free speech but if we are to put in those limits in terms of protecting the victim, there has to be certainty. I am concerned about some of the definitions.