Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

267. To ask the Tánaiste and Minister for Justice and Equality the extent to which she can ensure a fair and even balance between the right to freedom of expression and the rejection of xenophobia; and if she will make a statement on the matter. [2873/22]

Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The right to freedom of expression is a fundamental right, enshrined in our Constitution and in the European Convention on Human Rights.

Though fundamental, this right is not absolute and can be limited or restricted by law for compelling reasons, including protecting other fundamental human rights. While you have a right to freedom of expression - you do not have a right to use it to incite others to hatred. There is no place for xenophobia and hate speech in our society.

As the Deputy will be aware, I published the General Scheme of the Criminal Justice (Hate Crime) Bill in April 2021.

The General Scheme will create specific, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. These protected characteristics are race; colour; nationality; religion, ethnic or national origin; sexual orientation; gender; or disability.

The proposed new Bill will repeal and replace existing provisions on incitement to hatred contained in the 1989 Prohibition of Incitement to Hatred Act.

The new legislation will contain robust safeguards for freedom of expression, such as protections for reasonable and genuine contributions to literary, artistic, political, scientific or academic discourse, and fair and accurate reporting.

There will be explicit provisions in the legislation to protect reasonable and genuine contributions to fields such as political discourse, art and scientific research.

Our new legislation must respect the essence of the right to free expression. We must ensure that the limitations we, as a society, choose to place on freedom of expression by prohibiting incitement to hatred are needed in order to protect the rights and freedoms of others, and are effective in doing so.

The Deputy may also wish to be aware that a National Anti-Racism Committee was established by Government in 2020 to draw up a National Action Plan Against Racism (NAPAR) for Ireland. This is in line with the commitment contained within the Programme for Government to publish a new NAPAR.  The Committee submitted an interim report to my colleague the Minister for Children, Equality, Disability, Integration and Youth last year and I understand the new National Action Plan Against Racism is currently being drafted for submission to Minister O'Gorman.