Thomas Pringle (Donegal, Independent)
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280. To ask the Tánaiste and Minister for Justice and Equality if he will provide details on the anticipated timeframe for the enactment of hate crime legislation; if he will confirm when he expects the Bill to commence Fourth Stage in Dáil Éireann; if he will outline details of the work being carried out by his Department, if any, on the implementation and complementary measures to assist the rollout of this legislation, such as a public information campaign, training of judges and prosecutors, educational measures and victim support; and if he will make a statement on the matter. [20348/23]

Simon Harris (Wicklow, Fine Gael)
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The Minister of State at the Department of Justice, James Browne TD, brought the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 through final stages in the Dáil on April 26th. Following agreement by that House the Bill will now go to the Seanad to be debated

The Bill will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic.

It will also strengthen the law around incitement to violence or hatred - or hate speech – by reflecting the current context more accurately, including in relation to online hateful content.

This is an important Bill which will provide security to members of Ireland’s most vulnerable and minority communities, who have lived in fear for too long.

A considerable body of work has been undertaken by my Department to ensure that the new legislation is well researched, well balanced, and grounded in the lived experiences and reality of what individuals facing hate speech and hate crime in this country actually need.

A widespread public consultation was carried out a few years ago which drew almost 4,000 responses. My officials analysed the submissions received, drawing findings and conclusions. These findings and conclusions were collated in a report on the public consultation, which was published in December 2020.

My Department also conducted comparative research on approaches to hate crime and hate speech legislation in neighbouring jurisdictions to learn from experiences elsewhere.

In April 2021, after the legislative proposals for the Bill were published, it was referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny which took place in November 2021.

The Justice Committee’s Report on Pre-Legislative Scrutiny of the General Scheme was published in April 2022. Since publication of that report, my Department has carefully considered all of the recommendations made by the Committee. Certain provisions were re-opened for examination and additional consultation and research was conducted as the Committee recommended that some provisions be strengthened. This includes in relation to how hate crimes should be proven and my officials liaised with counterparts in the UK and Northern Ireland and with An Garda Síochána and the Office of the Director of Public Prosecutions on different approaches that could be adopted here.

Following these additional consultations, the Government agreed that a demonstration test for hate crime offences would be introduced in the new legislation. This change is reflected in the final version of the Bill.

This legislation will be on the basis of an aggravated offences model. It will be supported by training across the criminal justice system, as well as victim supports.

I can advise the Deputy that An Garda Síochána takes hate crime seriously and is strongly committed to engaging proactively and respectfully with all members of society, and, in particular, those from minority groups and diverse backgrounds. The Garda National Diversity and Integration Unit monitor all incidents recorded on Pulse that have a discriminatory motive attached to it. They advise, support and assist investigating Gardaí across the country who are investigating such incidents.

There are currently now over 480 specially-trained Garda Diversity Officers (GDOs) across every Garda division. Their role is to liaise with representatives of the various minority/diverse communities in their division, establish communication links, inform and assure these communities of Garda services and provide support to victims of hate crime. Since 1st April 2022 it is also mandatory for all Garda Personnel, of all ranks and grades, to complete online Hate Crime training which includes a full section devoted to bias motivations.

More information on supports and services are available on the dedicated website www.victimscharter.ie