Hate speech element to be removed from bill - McEntee

The Minister for Justice has confirmed she is not moving ahead with plans to introduce new hate speech laws, but she will press ahead with the hate crime element of criminal justice legislation.

Speaking in Athlone, Helen McEntee confirmed that she will introduce committee stage amendments to the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 in the Seanad.

"The incitement to hatred element [of the bill] does not have a consensus, so that will be dealt with at a later stage," Ms McEntee said.

Ms McEntee said she brought her proposed changes to this bill to the leaders of the three coalition parties over the summer.

"I am adamant that hate crime legislation will be enacted," she said.

"This will send a very pure message, if you attack a person, if you commit a crime against a person or a group of people, simply because of who they are, the color of their skin, where they have come from that there will be a tougher sentence, a harsher sentence at the end of the day," Ms McEntee said.

Minister for Public Expenditure and Reform Paschal Donohoe said the Government had accepted that with regard to some parts of the Bill it had "not been able to generate the consensus and agreement that is needed is such an important piece of legislation."

Existing hate speech legislation dates back to 1989, but Mr Donohoe said Government initiatives in other areas also address the issue of hate speech.

"The Government... has always made very clear our views regarding the distress that some particular forms of language can cause," Mr Donohoe said, also speaking in Athlone.

"What we are doing is through other forms of legislation, for example our efforts to look at what is happening in social media, our efforts to regulate that better, are a clear sign of our effort to deal with the effect that language and incitement can have on behaviour and threats within our society," Mr Donohoe said.

Legislation controversial from outset

The bill has proved controversial from its inception.

Issues with its lack of definition of what constituted hate speech, the extended range of categories to which hatred or offence could be caused, and perceived dangers to free speech led to much questioning and criticism.

Earlier this year, Sinn Féin was among those to call for the bill to be scrapped.

In a statement in March, its spokesperson on Justice Pa Daly said the party "raised a number of serious concerns about flaws" in the bill.

Sinn Féin was criticised as it had previously supported the legislation.

The party's TDs voted in favour of the bill in the Dáil last year.

Finance Spokesperson Pearse Doherty said the party had not supported the bill in the Seanad and had voted against it in the upper house last June.

"We had raised serious concerns with this legislation right through the process and had tabled a number of amendments," he said.

"The Government in its arrogance refused to listen, not only to Sinn Féin's amendment but also to the other amendments that were coming from the opposition."

Mr Doherty said it was time to stop the "farce" of the bill as he said too much time had been spent on the proposed legislation, which did not have cross party support.

Tech billionaire Elon Musk previously said he would fund legal challenges to the legislation.

Additional reporting Joe Mag Raollaigh