Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage
Dail Éireann — 2022-11-10
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Sorca Clarke (SF), Longford-Westmeath

Speaking as a Deputy for a very vibrant constituency, one that has a multitude of nationalities, from one end of Longford to the far side of Westmeath, I have seen hatred. I know that my constituents have received abuse and physical assault because of hatred.
This is not a new phenomenon. Hatred has been in our communities for much longer than we are comfortable acknowledging. There is now, thankfully, a broad consensus that hatred needs to be reflected in law, that incitement to violence and hatred needs to be held to account in a court of law and that those who perpetrate it need to be held to account. That is a concept I support. However, key to any such law is that it be effective and enforceable. In that regard, this Bill is weak. Substantial work remains to be done and serious issues need to be addressed.
The terminology contained in this Bill appears sloppy or not well thought-out. For example, the line "'Hatred' means hatred [...]" reads like an advertising tag line as opposed to a clear, unarguable definition. It is far from the clear definition we and those of the protected characteristics need. It is substandard, even below the standard of what is classed as hatred on An Garda Síochána's website. Because of that lack of clarity, the Bill will be ineffective. It will be unenforceable and will place an unrealistic expectation on the Garda and the Courts Service.
I draw the House's attention to an excellent article in The Irish Times by Dr. Amanda Haynes and Dr. Jennifer Schweppe, associate professor of law. They are co-directors of the European Centre for the Study of Hate, based in the University of Limerick. Deputies should read that article. It is fantastic and sets out why we need this Bill, as well as setting out clearly why this Bill needs to be saved. Hate threatens the societal fabric we hold dear. The level of physical and emotional harm it causes to individuals needs to be held to account, but we also need to recognise the wider impact it has on all of our communities. To do that, we need to get the balance right. That is not easy but that does not mean that we do not try or that it is not possible to get it right.
I thank and acknowledge those in our community who stand up against hatred and with those who experience hatred, particularly our younger people. We have all been there when it is easier to say nothing than to call something out. I commend and congratulate them and hope they continue to do that because hatred has no place in our society.

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Retrieved: 2026-08-14T04:51:16+00:00
Sitting date: 2022-11-10