Hate speech laws dropped 'as intolerance rises'

Senator warns of 'dangerous and disturbing rise in intolerance, intimidation, and violence against minority communities'

Luna Lara Liboni, chair of the Coalition Against Hate Crime, outside Leinster House, following the publication of annual hate crime statistics by An Garda Síochána in May. File picture: Niall Carson/PA

Hate speech legal provisions are being dropped at a time of a “dangerous and disturbing rise” in intolerance, intimidation, and violence, the Seanad has heard.

Independent senator Eileen Flynn said various minorities “can’t wait” for the measures to be introduced, adding that people can see “every single day the rise of the far right” in Ireland.

She called on Justice Minister Helen McEntee to go ahead with her initial promises to introduce hate speech crimes in the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022.

Ms McEntee announced last month she was removing the provisions on hate speech and incitement to hatred, citing a lack of sufficient agreement among political parties.

She said she will proceed with separate hate crime proposals.

Ms Flynn said that “now is the time to put robust hate crime legislation in place” and pointed out that the Coalition Against Hate Crime, bringing together 23 civil groups, had said the laws were “long overdue”.

She said that instead of the minister going around seeking consensus among “white, upper-class politicians” she could consult with minority groups and hear from them the urgent need for hate speech laws.

Minister for Justice Helen McEntee announced last month she was removing the provisions on hate speech and incitement to hatred, citing a lack of sufficient agreement among political parties.

“We can’t wait,” the senator said. 

“We see in the streets every single day over the last year-and-a-half the rise of the far right.” 

She added: “We are seeing a dangerous and disturbing rise in intolerance, intimidation, and violence against minority communities.”

Standing in for Ms McEntee and reading her response, Minister of State Anne Rabbitte said the provisions on hate speech will be removed during committee stages of the legislation, saying there was a “lack of consensus” in the Oireachtas.

Issues that were raised included a lack of legal clarity on what constituted hate speech, the extended range of categories to which hatred or offence could be caused. and the rights to freedom of expression under the constitution and under Article 10 European Convention on Human Rights.

Ms Rabbitte said Garda figures showed that reported hate crimes increased last year by 7.5% to 548 incidents, on the back of a 22% increase in previous years.