Carol Nolan (Laois-Offaly, Independent)
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720. To ask the Tánaiste and Minister for Justice and Equality if she will address concerns that the definition of ‘gender’ within the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 is in contradiction to the understanding of gender within the Gender Recognition Act 2015, as well as case law on civil registration legislation; and if she will make a statement on the matter. [44164/24]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, this Government is determined to stamp out hate-motivated crimes and protect vulnerable communities.

This legislation is much needed. An Garda Síochána already record certain crimes as hate crimes, and we can see that recorded hate crimes increased by 7.5pc last year compared to 2022, and by 29pc the year before that.

It is not acceptable that some people live in fear simply because of who they are. Ireland is one of the last countries in the EU not to have specific hate crime offences set out in law. I am delighted to have been able to bring the Criminal Justice (Hate Offences) Bill 2022 through the Houses to protect vulnerable and minority groups from harm.

The objective of the legislation is to provide protection to victims of hate crime on the basis of personal identity characteristics, and to ensure that these are as inclusive as possible for the purpose of this specific legislation.

Transgender and non-binary people, domestically and internationally, are unfortunately and increasingly targeted by hate crime offenders. The meaning of gender for the purposes of this legislation therefore has to recognise that offenders target individuals based on non-conforming gender identities like non-binary, in addition to binary gender identities such as male or female.

The hate crime Bill is concerned with offenders' behaviour, and not the victim's legal status. It addresses crimes motivated by hatred towards protected characteristics, regardless of whether the victim possesses those characteristics.

For example, the bill will ensure that if a transgender person is assaulted that attack is motivated by hatred, a higher prison sentence will apply.

The meaning of gender for the purposes of the Bill is specific to this legislation. It does not affect the Gender Recognition Act or the Civil Registration Act or have any statutory effect beyond hate crimes.

All-island research by the University of Limerick and Queens University, published on 11 December 2023, found that 82% of the general public surveyed believe that transgender people should be protected by hate crime legislation.