Over 3,500 complete survey on updating current hate speech and crime laws

More than 3,500 people have completed a government public consultation survey on updating laws on hate speech and hate crime.

The Department of Justice said it has also received around 200 written submissions.

In response to queries from the Irish Examiner following a suspected homophobic assault on a gay couple at the Kildare train station last Friday, the Department said it will soon publish research on international approaches to hate crime legislation.

It further said that draft laws to deal with hate crime and hate speech will be published this Spring.

Following the publication of the Garda Diversity and Integration Strategy 2019-2021 last October, Garda HQ said it was now putting a significant focus on enhancing the identification, reporting, investigation and prosecution of hate crimes.

Commissioner Drew Harris announced a working definition of hate crime, saying he is concerned about underreporting and the lack of a uniform garda response.

Garda figures show there were 342 reported incidents of hate crime in 2018, compared to 323 in 2017 and 290 in 2016. These in turn compared to 164 incidents in 2015, 115 in 2014 and 112 in 2013.

At the same time, Justice Minister Charlie Flanagan set up a review of the existing Prohibition of Incitement to Hatred Act 1989 and announced the drafting of new hate crime legislation.

Ireland does not currently have separate legislation dealing with hate crime, although a hate motive is an aggravating factor that judges can take into account at sentencing for any criminal offence.

The department told the Irish Examiner it has received over 3,700 responses from the public and relevant organisations.

“A broad public consultation has been carried out to assist in this process, including a public survey and an opportunity for stakeholders to make formal submissions,” the statement said.

“This consultation has been carried out to ensure that the Department fully understands the lived experience of those impacted by hate speech and hate crime as well as the views of professionals and other stakeholders in the field, so that the laws developed are robust, clearly understood and effective in dealing with unacceptable incidents.

“The Department has received over 3,500 survey responses on the issue; as well as approximately 200 written submissions.”

It said that, in parallel, the Department has carried out comparative research on international best practice on hate crime legislation.

“This research is currently being finalised and is expected to be published shortly,” it said.

“The Department is analysing all of these materials, as well as other relevant law, to ensure that any legislative proposals which are made are evidence-based, proportionate and effective, while respecting freedom of expression.”

It added: “It is expected that legislative proposals in relation to hate speech and hate crime will be published for discussion in Spring 2020. There will be a further opportunity for stakeholders to share their views.”