Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage Seanad Éireann — 2023-06-13 ============================================================ Helen McEntee (FG), Meath East For the purposes of this Bill, there are 12 aggravated offences which can be classified as "hate crimes". These vary from very serious offences like assault to violent public order offences or criminal damage. These offences have been selected as they are the most commonly cited crimes against people on identity grounds. Where a perpetrator is found guilty of one of these offences that is aggravated by hatred, a sentence uplift will be applied in comparison to the base offence. It will be a matter for the trial judge to determine the appropriate sentence, however a maximum additional sentence of plus six months for a summary conviction and plus two years for conviction on indictment will be available; except where already at the maximum possible. We have built in a safeguard so that where there is not sufficient evidence to convict a person of the "hate crime" offence, they may still be convicted of the base form of the offence. If someone is assaulted and it is a hate crime, whether they succeed in the hate crime side of it or not, it is still an offence because they have been assaulted. This avoids the risk that the entire prosecution could fall if the hate element cannot be proven. Also included is a general provision under section 20 of the Bill, which provides that where there is evidence of hatred in relation to any offence beyond the 12 specific aggravated offences, hatred can be considered an aggravating factor at sentencing and the judge would be able to reflect this in the offender's record. This formalises a process that is already a judicial reality in our courts system and offers the broadest protection possible for victims of offences that are aggravated by hatred. Importantly, it centres on the effect the hate crime has on the victim, rather than having to prove the hateful intent and motivation of the offender. It is, after all, the demonstration of hate that causes the additional harm to victims. Proof shows victims of hate crime are more seriously impacted. It is not necessarily the assault or act itself but the demonstration of hate towards that person that causes the most harm. I am aware that this was discussed in the final debate in the Dáil. An example was given about someone making a slur in the heat of the moment, which could lead to them having a hate crime on their record, and that this could be disproportionate. We need to be clear there is nothing disproportionate in how someone feels when being assaulted or otherwise offended against because of hatred for who they are. There is a profound difference between how victims of hate crimes feel in comparison to victims of other crimes. We must remember this at all stages of this debate. It is also important to say that a prosecution cannot be brought forward without the direction of the Director of Public Prosecutions. This is an important safeguard. I apologise for taking longer than expected but it is an important Bill we need to be able to discuss at length. I look forward to engaging with all of my colleagues today and in the next few weeks. I recognise that there are different viewpoints, with some saying the Bill does not go far enough and others that it goes way too far. I assure Senators that the Bill is not radical, as some claim; it is proportionate, evidence-based and in line with legislation in countries similar to ours. I hope I can count on Senators' support to progress this much-needed legislation, which has been resoundingly welcomed by those who live in this country and who have been impacted by hate speech and hate crimes. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2023-06-13/debate/main Retrieved: 2026-08-14T04:52:00+00:00 Sitting date: 2023-06-13