8 November 2022
The Coalition Against Hate Crime Ireland looks forward to seeing the passage of new hate crime legislation through the Oireachtas and calls for proper implementation and complementary measures. For too long victims have gone without proper justice when crimes are committed against them because of who they are.
But legislation is only one measure needed to tackle the harm caused by hate crime and extreme hate speech. Only certain narrowly defined behaviour can be addressed with a criminal justice approach. That’s why government must commit to a comprehensive national action plan.
Paula Fagan, CEO of LGBT Ireland and member of the Coalition Against Hate Crime says:
“As representatives from marginalised communities we warmly welcome seeing the passage of the hate crime legislation to second stage debate today. Alongside commencement of the law, we also need to see the government taking action to challenge the beliefs and attitudes underlying hate crime and hate speech. We need properly financed delivery of targeted education and awareness raising; improved monitoring, reporting, and data gathering; and improved victim support. This important role can not be left to civil society alone, though it should be done with full consultation with civil society”
The advancement of legislation is key to ensuring that all communities feel safe and valued in Ireland, but we must get it right and ensure that the Bill complies with international human rights standards. Sufficient time must be given for legislative scrutiny. The Bill needs to be amended to require a comprehensive review of the legislation within 3 years and a consultative monitoring mechanism, including civil society and criminal justice actors.
Luna Lara Liboni, ICCL Hate Crime and Equality Policy Officer and Chair of the Coalition said:
“Better engagement with impacted communities is paramount as hate crime and extreme hate speech legislation advances. It is vital that the Bill responds to the real needs on the ground, which can differ within communities. We call on members of the Oireachtas to engage with representatives of all key stakeholders at all stages of the legislative process, as well as in the development of implementation measures and other measures beyond criminal law.”
We call on government to ensure that the defences provided for in the Bill for incitement to hatred focus on freedom of expression and not on creating exceptions for certain professions. The current defences risk misinterpretation as providing a shield to those who do wish to cause harm but do it in the context of academic, political and the newly added reference to religious discourse. We highlight in this context that incitement to hatred including against Travellers, migrants and Roma has been particularly documented in the political sphere.
We note the need for sentencing approaches to be proportionate, and we call for reference to community sentencing where appropriate. The Coalition supports the option of restorative justice in hate crime cases.
ENDS/
For comment: Paula Fagan, CEO of LGBT Ireland and member of the Coalition Against Hate Crime Ireland
For media queries: grace.tierney@iccl.ie