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Hate-speech element of criminal-justice bill axed

Plans to introduce new hate speech laws have been shelved, justice minister Helen McEntee has confirmed.

The minister is to withdraw section 2 of the bill, which is the hate speech element, following consultation with coalition leaders.               

“To progress the hate speech element, we need a consensus. We don't have that,” she said.

The decision removes seven pages from the 36-page bill.

However, the hate crime element of planned criminal justice legislation will proceed.

McEntee said 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," the justice minister said at the weekend.

No agreement

Paschal Donohoe (Minister for Public Expenditure and Reform) said the Government had “not been able to generate the consensus and agreement that is needed is such an important piece of legislation."

The bill was voted through its final Dáil stage in April last year with 110 TDs voting in favour and 14 against.

However, the bill has been sharply criticised for its perceived danger to free speech.

The circular definition of hate in the bill has also been questioned, along with the extended range of groups to which offence could be caused.

'Loose language'

Senator Michael McDowell said that the “loose language” of the bill was an affront to nearly every principle of the Irish constitution.

“The reality is that the right to free speech also entails the right to offend,” he said on RTÉ.