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• New legislation will increase prison sentences for certain crimes motivated by hatred
• Law will protect people targeted because of certain characteristics including race, colour, sexual orientation, gender, and disability
• Criminal Justice (Hate Offences) Bill 2022 will now go to the President to be signed into law

The Minister for Justice, Helen McEntee TD, has welcomed the Criminal Justice (Hate Offences) Bill 2022 passing all Stages in the Oireachtas, meaning that it can now be signed into law.

The Bill will provide for increased prison sentences for certain crimes, where proven to be motivated by hatred, or where hatred is demonstrated. For example, the legislation will ensure 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.

Welcoming the passage of the Bill, Minister McEntee said,

“We are determined to stamp out hate-motivated crimes and we are determined to 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 this legislation through the Houses to protect vulnerable and minority groups from harm.”

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

The Minister tonight (Wednesday) brought back to the Dáil amendments to the Bill that had passed the Seanad last week. The amendments removed the parts of the Bill which deal with incitement to violence or hatred, in order to proceed only with the elements that deal with hate crime.

The Minister said,

“It is the duty of Government to ensure that people are protected from crime, particularly where those crimes are targeted against them on account of their very existence.

Making the decision to remove the incitement to violence or hatred provisions was a difficult one; but it was necessary to move forward to put the hate crime provisions into law. The message this sends is clear – hatred and violence towards others because of who they are will not be tolerated, and now the law will reflect this.

I have been very clear that I believe we need to update the 1989 Act to adequately deal with incitement to hatred offences, particularly in the context of modern online communications. I absolutely believe this needs to be next on our agenda and amendments to the 1989 Act will be progressed at the earliest opportunity.”

The Prohibition of Incitement to Hatred Act 1989 will remain in force and incitement to hatred is not dealt with in the Criminal Justice (Hate Offences) Bill.  Necessary amendments to the 1989 Act that are required under EU law are under consideration and will be progressed separately in due course.

Development of the legislation followed a comprehensive public consultation process that included surveys, consultation, and engagement with people with lived experience of the impact of hate speech and hate crime.

Introduction of this legislation is widely supported by the public. All-island research by the University of Limerick and Queens University, published in December last year, found that more than two thirds of those surveyed are in favour of hate crime legislation.

The Criminal Justice (Hate Offences) Bill 2022 will now go to the President of Ireland to be signed into law.