HATE CRIME - TIME TO #PASSTHEBILL

For the NXF (National LGBT Federation)’s update this month, we are focusing attention on what has been a pressing policy priority for the LGBTQ+ community and indeed wider civil society for a number of years now, namely the passage into law of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill.

This legislation is designed to address what has long been a glaring anomaly in Irish law. Ireland stands virtually alone in the western world in having no hate crime laws, amounting to a serious failure by the State to vindicate the rights of those who are targeted on account of their inherent identity.

As the research makes only too clear, hate crimes have a particularly devastating impact on victims, in addition to instilling fear in the wider communities who share that person’s protected characteristic. The need to end Ireland’s ‘outlier’ status and finally legislate in this area is brought into even sharper focus when you consider that reported hate crimes (for what is a vastly underreported crime) are on the rise according to annual figures published by An Garda Síochána.

The second aspect of the Bill is equally important and seeks to update existing but wholly outdated incitement to hatred provisions. Originally enacted in 1989, that legislation is widely seen as toothless by impacted communities and criminal justice practitioners alike, a reality that government figures have also been keen to point out during debates.

The 1989 law was passed in a pre-internet age and its deficiencies are especially obvious when it comes to addressing an increasingly toxic online space, where bad actors openly incite hatred and violence. The real-world consequences of this incitement must surely now be apparent to all, with violent ‘protests’ and riots on our streets fuelled by the deliberate spreading of hate and disinformation by far-right extremists.

The Hate Crime Bill, along with other measures such as the EU-wide Digital Services Act, is an essential part of the ‘toolbox’ the State could utilise as part of a robust response. It should also be noted that failure to implement these updates will leave Ireland open to financial penalties as it is a requirement of EU law.

You would be forgiven for believing that all of the above would provide the necessary impetus in finally getting this much-needed legislation over the line. Instead, however, it has been stalled in the Seanad (Senate) for over a year now. This political inertia stands in clear contrast to the Bill having earlier been passed overwhelmingly by the Dáil on a cross-party basis. Some of those who originally voted for the Bill have since back-tracked in their support, apparently wilting in the face of what has been a concerted attack on the legislation rooted in ‘culture war’ rhetoric.

Many of the more over-the-top criticisms have come from abroad, with the likes of Elon Musk and Donald Trump Jr’s Vice President candidate, JD Vance, all taking a very sudden interest in Irish affairs. The role of the former is especially note-worthy, at a time when he is facing intense criticism for allowing (many would say actively encouraging) extremist content on his X platform that has been fuelling the far-right rioting on the streets of England and elsewhere.

Dublin experienced similarly shocking scenes in November 2023, following which leading government figures vowed to enact the Hate Crime legislation “within weeks”. When Simon Harris replaced Leo Varadkar as Taoiseach in April 2024, he re-committed to passing the Bill and fulfilling what is a key Programme for Government commitment to LGBTQ+ and other minority communities. He did suggest that the legislation could face possible amendments to address “legitimate” concerns that have been raised.

For the over 20 civil society organisations that comprise the Coalition Against Hate Crime, representing the very communities directly impacted by this legislation, our position is clear: the Bill needs to return to the Seanad as a matter of urgency, where constructive proposals (as opposed to wrecking amendments) can be teased out on the road to enactment.

Our communities have watched with growing alarm the repeated delays in bringing the Bill back before the Oireachtas and how the voices of those most in need of its protections have all too often been drowned out by elements more interested in amplifying ‘culture war’ narratives and similar nonsense about playing to a ‘woke gallery’. There is nothing ‘woke’ about implementing the kinds of protections against hate crime and extreme hate speech that are the norm in practically every other comparable jurisdiction. Indeed, the right of LGBTQ+ people and others targeted by rising hate to go about our business knowing that we are protected by the State is ultimately a law and order and safety issue - a reality this author stressed to senior government and opposition figures as part of our NXF Pride Leaders Series in June.

The political window is now rapidly closing for this long-promised legislation to be enacted and we expect Government to deliver on their repeated commitments to pass the Bill in advance of the upcoming general election.

It is time to bring the debate back to where it belongs – the need to finally recognise the reality of hate crimes in Irish law, in addition to updating existing but hopelessly ineffective incitement provisions at a time when such measures have never been more needed.

Our diverse communities, experiencing a climate of rising extremism and violence, deserve nothing less.