Pre-Christmas election possible as Dáil passes key bills

The Dáil has passed two major pieces of legislation amid growing indications that a general election will be held before Christmas.

The Gambling Regulation Bill, which was identified as one of the key pieces of legislation that needed to be enacted before the calling of an election, was passed.

The legislaton puts in place the Gambling Regulatory Authority that will oversee the licensing and regulating of betting.

It prohibits gambling advertising between 5.30am and 9pm and establishes a social impact fund to raise awareness of compulsive and excessive gambling.

Earlier, the Social Welfare Bill was passed in the Dáil which will give effect to the planned welfare increases announced on Budget day.

It means that most of the Government's legislative work has been completed except for the Finance Bill.

Tánaiste Micheál Martin told The Irish Times podcast that it was reasonable to assume there would be an election before Christmas if all the required legislation was passed.

It comes amid mounting speculation that the Dáil could be dissolved early next month if the Finance Bill is passed earlier than scheduled.

This would then pave the way for an election on possibly Friday 29 November or Friday 6 December.

McEntee defends hate bill as Seanad passes the legislation

The Seanad has passed the Hate Crimes Bill after hearing arguments for and against it.

It now goes back to the Dáil for further consideration.

The amended legislation, from which Minister for Justice Helen McEntee removed controversial elements concerning hate speech, is now titled the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill.

She said there had been significant consensus for incitement to violence or hatred but this consensus has been lost.

The legislation is needed, Ms McEntee said, to publicly recognise criminal conduct motivated by hatred.

She recalled comments by senators that the bill would get through "in a heartbeat" if incitement to violence was removed, and said she looked forward to that happening.

Independent Senator Rónán Mullen thanked the minister for taking on board "in part at least" the criticism of the legislation.

"If it wasn't for the Seanad, we wouldn’t be in this position, where the Government took on board the serious concerns people had," he said.

Mr Mullen spoke of what he called the problematic definition of gender which remains in the bill.

"To the extent that the Government has pulled in its horns, that is welcome, but I can only give a partial welcome.

"You have left a strange anomalous, innovative, weird and dangerous definition of gender in this bill, and I am urging you to change course on that."

Under the legislation, gender" is defined as "the gender of a person or the gender which a person expresses as the person's preferred gender or with which the person identifies and includes transgender and a gender other than those of male and female".

Senator Mullen said that while the definition of gender remains in the bill, "we’re in the same dangerous ... same toxic ... same irresponsible place we were in."

Fine Gael Senator Barry Ward said the legislation had been discussed and debated to an extraordinary degree.

He added that the definition of gender as outlined in the bill would only relate specifically to actions within the act if it becomes law.

There are many words that have different meanings depending on which act they refer to, Mr Ward said.

He added the bill does not refer to being offensive or taking offence but is about a legal framework to protect people who have been the subject of harassment or crime.

After the bill passes, it will still be permissible to say something offensive, Senator Ward added.

Independent Senator Eileen Flynn asked Mr Mullen "what rock he had been living under?"

She said she would have liked to have seen the hate speech section of the bill remain, but "a good start was half the work".

She added that at least two senators would "talk and talk and talk" about the bill, despite not having much support, compared to the 40,000 Travellers living in the State [who would benefit from the legislation].

Labour Senator Marie Sherlock said she had received a lot of correspondence about the bill which still referenced gender.

She said that people who felt they were born in the wrong body needed to be supported.

But she said the bill did not create a new status or create a gender, but that if someone was the subject of violence because of what or who they are, that is unacceptable.

"We can’t deny the increase in some of the most appalling attacks that have happened particularly over the past 12 months," Senator Sherlock said.

She recalled a young man called Patrick who was beaten up because of how he looked.

Minister McEntee said she regretted the removal of significant parts of the bill, adding that Ireland was the only country in Europe not to have hate crime legislation.

"If you are under the age of 25 and you are transgender, you are significantly more likely to be attacked," she added.

Ms McEntee said no jurisdiction in the world had defined hatred within their legislation.

She spoke of the impact that hate crime has in dehumanising people and forcing people to hide who they are.

Ms McEntee said that she received a call from the mother of someone who was attacked about two weeks ago and she commiserated with her.

"The idea that that would be one of my two boys in the future ... that they would be attacked because of who they are, it’s heartbreaking."

Independent Senator Michael McDowell said it was not divisive to ask the minister to say what she is talking about with the definition of gender.

"I understand that, or with which the person identifies includes transgender. If you stop there, fine, but you go on to say a gender other than those of male and female, in addition to transgender.

"No explanation has been given to this house as to what you mean," he added.

Additional reporting Joe Mag Raollaigh, Juliette Gash