Pádraig Rice (Cork South-Central, Social Democrats)
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431. To ask the Tánaiste and Minister for Justice and Equality to provide an update on the Programme for Government commitment to introduce amendments to modernise the Prohibition of Incitement to Racial Religious or National Hatred Act , 1989; the timeline he is working towards in bringing forward these amendments; if this will include provisions on hate speech to bring Ireland in line with EU requirements; and if he will make a statement on the matter. [40267/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I would like to assure the Deputy that this government is determined to stamp out hate-motivated crimes and that we are determined to protect vulnerable communities.

Ireland was at the forefront of tackling incitement to hatred through the introduction of legislation, namely the Prohibition of Incitement to Hatred Act, in 1989.

It is an offence to incite hatred based on a person’s race, colour, nationality, religion, ethnic or national origin, membership of the travelling community or sexual orientation.

We have committed in the Programme for Government to introducing amendments to modernise the 1989 Act in relation to incitement to hatred offences, particularly in the context of modern online communications.

Ireland formally notified transposition of Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia to the European Commission before the deadline in November 2010. Ireland's position, which has been communicated to the European Commission, is that the Framework Decision is fully transposed in Irish legislation in a manner that is appropriate and tailored to Ireland's domestic system of criminal law and procedure.

Legislation for tougher sentences for crimes motivated by hate was brought in by the Criminal Justice (Hate Offences) Act 2024 last year.

The new legislation provides for increased prison sentences for certain crimes, where they are proven to be motivated by hatred, or where hatred is demonstrated. For example, the legislation ensures that assault aggravated by hatred, 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.

This legislation seeks to protect people targeted because of certain identity characteristics, namely - race; colour; nationality; religion; national or ethnic origin; descent; disability; gender; sex characteristics and sexual orientation.