Calls for migration status to be protected under hate crime legislation

 On the proposed inclusion of migration status, Mr Harris said he “instinctively” sees the benefit of doing so, and noted issues seen across the country currently. Picture: Leon Farrell/RollingNews.ie

Migration status should be included in the upcoming hate crime legislation due to the “current climate” in Ireland, an Oireachtas committee hearing has heard.

The Incitement to Violence or Hatred and Hate Offences Bill 2022 is currently at its third stage and Independent TD Thomas Pringle proposed an amendment to include those with "any regular or irregular migrant status".

Mr Pringle said “in the current climate” it was important to include migration status in the legislation. He said despite race and colour being included in the bill, in some cases migration status could be a factor where race or colour are not.

In response, Justice Minister Simon Harris said many of the protected characteristics in the bill are carried forward from the Prohibition of Incitement to Hatred Act 1989. He pointed out that the addition of several new characteristics, namely descent, gender, sex characteristics, and disability were informed through an “extensive” public consultation in 2019 and ongoing engagement with minority groups.

On the proposed inclusion of migration status, Mr Harris said he “instinctively” sees the benefit of doing so, and noted issues seen across the country currently. He said while he was supportive of the proposal, he would need to seek legal advice on the proposed amendment.

From a policy perspective, I’d like to do it, I haven’t had legal advice as to the impact that may or may not have.

Mr Pringle raised concerns that the public consultation was in 2019 and said: “It has come up and is very topical at the moment and I think it’s something that needs to be addressed.” 

Meanwhile, People Before Profit TD Bríd Smith called for section 10 of the bill to be removed.

She said the section, which concerns the offence of preparing or possessing material likely to incite violence or hatred against persons on account of their protected characteristics, is “dangerous”.

“I could be beavering away doing research into some fascist group and possess the material but have no intention of publishing it, how does one prove their intent to publish or not? We think this is quite a dangerous section and should be removed from the bill,” she said.

Sinn Féin TD Pa Daly said section 10 “may constitute an undue interference with private life”.

Mr Harris said it is of “fundamental importance” to be able to prosecute those who have created content that incites violence or hatred.

“We have a system which involves the DPP and others deciding whether to take a case to prosecute but there does need to be that avenue when an individual has created content that would incite violence or hatred against a vulnerable individual,” he said.