Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank the Senator for raising this matter. I am responding on behalf of the Minister for Justice, Deputy McEntee. Ireland is, in general, a diverse and welcoming country but there are people living here who live in fear simply because of who they are - their identity. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill had been due to repeal and replace the hate speech provisions in the Prohibition of Incitement to Hatred Act 1989 and legislate for hate crimes for the first time by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. As the Senator will be aware, the Minister will propose a series of Committee Stage amendments in the Seanad to remove the parts of the Bill that deal with incitement to violence or hatred and proceed only with the elements that deal with hate crime. The Minister is removing the incitement to violence or hatred elements on which there is a lack of consensus in the Houses so that the Bill can progress with the hate crime elements. Drafting of amendments will be undertaken by the Office of the Parliamentary Counsel. Under the revised proposal, the Bill will still provide for increased prison sentences for certain crimes where proven to be motivated by the hatred or where hatred is demonstrated. For example, the legislation will ensure that assault or damage to property aggravated by hatred will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property. The most recent statistics from An Garda Síochána show that reported hate crimes increased last year by 7.5% to 548 incidents, with the most prevalent discriminatory motive being race 36%, followed by anti-nationality 18%. In 2022, reported hate crimes increased by 29% over the previous year. These figures show legislation for hate crime is needed.

It is unacceptable that people are targeted and live in fear simply because of who they are. When this happens, it has a more detrimental impact on the person than on victims of non-hate-motivated crimes. We want to tell victims we are determined to stamp out hate-motivated crimes and that, as a nation, we are determined to protect vulnerable communities. The 1989 Act will remain in force and incitement to hatred will not be dealt with in the amended Bill. While there was strong consensus in the Dáil on incitement to violence or hatred provisions, including proposals from the Opposition to expand these further, that was lost. The Minister said previously that some degree of consensus is needed and the justice committee could usefully look at this issue again. The Minister intends to bring the amended Bill through the Houses in due course.