The recent Seanad debate on the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, drew some interesting comments from senators opposed as well as supportive of the “controversial” proposed law.
Here are 6 of the most notable statements.
- Minister for Justice Fine Gael TD Helen McEntee – Supportive of the Bill
“I know that every Member of this House recognises that hate speech and hate crime cause untold trauma for victims, their communities and our broader society.In fact, research shows that victims of hate crimes suffer significantly more distress than victims of other crimes. Such crimes are completely reprehensible and unacceptable. Yet, hate-based offences have become increasingly common in recent years. It often feels as though we take two steps forward and one step back.”
“Last year saw similar horrendous acts in Sligo, Dublin and Cork. The targeting of immigrants, people with disabilities and members of the Traveller community, simply because of who they are, is shocking and unfortunately tragically frequent. It is hard to believe that despite increasing instances of hate crime and general support from the public to criminalise such acts, Ireland does not have hate crime laws in place and will be one of the last countries in Europe to enact such legislation. That is why it is so important that we enact this Bill.”
- Green Party Senator, Pauline O’Reilly – Supportive of Bill
“When one thinks about it, all law and all legislation is about the restriction of freedom. This is exactly what we are doing here. We are restricting freedom but we are doing it for the common good,”
“Throughout our Constitution one can see that while one has rights they are restricted for the common good. Everything needs to be balanced. If a person’s views on other people’s identities make their lives unsafe and insecure, and cause them such deep discomfort that they cannot live in peace, our job as legislators is to restrict those freedoms for the common good.”
“One cannot do and say whatever one likes in our society, which is a society governed by laws. This is very fundamental to a legislative system. It should be one of the very fundamentals for any legislators who sit in this Chamber that they understand what we do is restrict freedoms.”
- Independent Senator Rónán Mullen – Critical of Bill
“The Minister said the Bill is about tackling extreme forms of hate. Her officials seek to reassure the public. It is not. The Bill is about tackling anything understood as hate, be it mild or extreme. On pages five and six of the Minister’s speech she seeks to reassure us by reiterating that the Bill has been drafted to criminalise only the extreme form”.
“The term “extreme” is deliberately not mentioned in the Bill. The Minister’s speech refers to “incite or stir up”, something that is not mentioned in the Bill. I cannot understand why her officials put that in her speech. I am not accusing her of anything here, but it is a deception to use language like that when it is not in the Bill. The Minister’s presentation of the Bill on Second Stage to the Dáil and the reassuring language, some of which she has repeated here, is not in the language of the Bill.”
- Fianna Fáil Senator, Lisa Chambers – Critical of Bill
“There are many things that will not be said in the Chamber because cancel culture is real, as pointed out by Senator Mullen. There are many topics that many of us are afraid to speak on publicly or speak about in the Chamber, but we say it outside and we say it in the hallways, and people say it to us.”
“The issues raised around this [the hate speech bill ] are real and genuine. They are not from crazy people and not from the far left or the far right. There are many ordinary, middle-ground people who are not quite sure what we are legislating for, if it is needed, if it is reasonable and if we are doing what we are required to do or going further than that.”
“These are reasonable questions. It does not make someone a bad person and it does not make them a hateful person. It does not mean that such a person wants to restrict the rights of any other persons or prevent them from being safe to walk the streets in our country.”
- Fine Gael Senator Barry Ward – Supportive of bill
“The Bill is not about stifling debate but taking hatred out of debate. As the Minister said, it is not about saying to people they may no longer be offensive; unfortunately, including Members of this House, they can continue to offend and to be offensive for years to come without committing any offence.”
“The Bill is specific in what it does. I ask Senators speaking against the Bill today and telling people publicly they will vote against it to tell us if they oppose legislation against hate speech or is it just this Bill. If it is just this Bill, what would they take out that would not render the Bill toothless but leave it as an effective measure to support people with protected characteristics?”
“Will those voting against the Bill tell us why and not give us the rubbish we have seen online about the things the Minister mentioned, namely, removing freedom of expression or speech and overturning the burden of proof. I will come to each of them. Do not give us that. Tell us if you are in favour of legislation against hate speech or not. If you are not in favour, that is one thing. If you are in favour, how would you do it differently?”
- Fianna Fáil Senator Denis O’Donovan – Critical of Bill
“I believe it was rushed through the Dáil and I do not say that lightly. I am concerned that this Bill will be rushed through here too. The view I am getting is that this legislation must at all costs be passed before the summer recess, which is Thursday, 13 July. That is about 12 sitting days. Apart from the Second Reading we also have to deal with the other Stages of the Bill.”
“I appeal to the Minister that we look at this in the cold light of day. Let us have Second Stage today. While I may allow this to go through because we must have Second Stage, I have sincere and deeply-held reservations. This is hugely important and significant legislation that impacts many lives and many people in different ways. If we proceed in rushing this through in the 12 working days that are left, I would have great reluctance in putting my name to it before it is completely finished and before knuckling down to the final Stage.”
“On only three occasions in the almost 30 years I have been in the Oireachtas, have I stood up for issues important to me, mainly against my own Government. I will not go into those. Three contests in 30 years with the Government and parties I was with, in coalition or otherwise, is not a bad record.”
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