Cork TD disappointed at failure to update extreme hate speech legislation

A newly elected Cork TD has warned that the last Government’s failure to update legislation against extreme hate speech may result in infringement proceedings from the European Commission.

Pádraig Rice, the Social Democrats TD for Cork South Central, said he welcomed the commencement of the Criminal Justice (Hate Offences) Act 2024 — which came into effect on December 31 — but expressed disappointment that the Government decided not to proceed with the so-called “hate speech” crimes that were contained in the original bill.

The new law means that where hatred against certain categories of people has been demonstrated in certain crimes, harsher sentences will be incurred.

Existing crimes cited in the law include criminal damage, public order offences, assault, coercion, threatening to kill or injure, and distribution or display in public of threatening or abusive material.

The law seeks to protect those targeted because of race, colour, nationality, religion, national or ethnic origin (including Traveller), descent, gender identity, sex characteristics, sexual orientation or disability.

Clear message

Mr Rice said the new hate crime legislation sent a clear message that hate crimes and targeting people because of their identity would not be tolerated in Ireland, but he expressed concern that extreme hate speech was not covered in the new act.

“It’s disappointing that the updates to the 1989 Incitement to Hatred Act were dropped by the last Government,” he said.

Mr Rice said freedom of speech was an important right, but it was not an absolute right.

“That is why we have laws on defamation, and that is why we need an updated law on extreme hate speech.

“When you stir up hate, violence, or rioting, there should be legal consequences.”

He added that Ireland had obligations under European law to combat racism and xenophobia, and the European Commission had already warned the Government about allegedly failing to fully address those obligations.

“The new Government must get our house in order before we are dragged before the European courts,” Mr Rice said.

Disappointing

Fiona Hurley, CEO of Nasc, the Migrant and Refugee Rights Centre, said it was disappointing that hate speech provisions had been removed from the act.

“We will continue to press for legislation from the next Government, as we do not believe that the Incitement to Hatred Act 1989 is fit for purpose.

“We are worried about the impact that increasingly violent rhetoric, particularly against asylum seekers, is having on our society,” she said.

“Misinformation and distorted stories have led to violence against people and property and, without new legislation, the State lacks the tools to properly address this.”

Konrad Im, the manager of the Gay Project, said much more work was needed to challenge hate against minority groups on the streets and online.

“We’re disappointed to be hearing that the next programme for Government potentially might not commit to passing hate speech legislation,” he said.

Mr Im said the Gay Project would continue to work with its fellow LGBT+ organisations and community members to push for greater protections for all.