The Irish Dáil has passed the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill, with the contentious legislation being approved by a majority of 78 to 52 votes. This bill introduces tougher penalties for crimes motivated by hatred, enhancing sentences for offenses like assaults and property damage if they are aggravated by hatred towards protected characteristics such as race, gender, religion, or disability.

Justice Minister Helen McEntee expressed her satisfaction with the passage of the bill, noting that it addresses a gap in Irish law and sends a clear message that hate crimes will not be tolerated. She emphasized that while the bill's hate speech provisions were removed due to a lack of consensus, the government remains committed to updating the 1989 Prohibition of Incitement to Hatred Act in the future, particularly to address modern issues like online hate speech

Speaking tonight, Ms McEntee said that she “absolutely believes” that the Dáil will in the future consider introducing hate speech laws.

“We’re here because I fundamentally believe that we need to have hate crime legislation on our statute, and we don’t. I’ve said it at the outset and it’s not that I’ve been forced or pushed into a particular route, but I believe that we had a consensus, very clearly in this house, and I believe that we lost that consensus,” she said.

“I believe that instead of not enacting any element of [the Bill], I wanted to ensure that hate crime, for the first time, was put on statute. We’re the first country across Europe to have it, and I absolutely believe that we need to have it,” Ms McEntee said, continuing:

“We’re here to make sure that we have for the first time, on our statute, hate crime legislation. But I do believe that we need to do more to update and to amend and to improve the ‘89 Act. The ‘89 Act will still exist. It is there; we will still have incitement legislation.

“Yes, I absolutely accept that there are different ways that this could have been done, but I fundamentally believe that we need to have hate crime legislation on the statute books, and that’s why we’re here this evening. That’s why I’m progressing this, and that’s why I hope at a later stage we’ll be able to address the elements of the incitement to hatred and violence elements that were taken out.”

The Irish government's recent move to shelve the "hate speech" provisions of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill has stirred significant discussion. The Justice Minister, Helen McEntee, decided to withdraw the hate speech component after consultations with coalition leaders, citing a lack of consensus on the issue. This removal includes seven pages from the original 36-page bill, though the bill's hate crime provisions will still go forward in the legislative process.

The bill initially sought to broaden the scope of protections to include categories such as gender, sex characteristics, disability, and descent, alongside existing protections for race, religion, and nationality. However, the hate speech element was seen as controversial, with critics raising concerns about free speech. Senator Michael McDowell, among others, criticized the bill's "loose language," arguing it posed a risk to fundamental free speech rights, particularly as it aimed to criminalize statements perceived as offensive under broad terms.

Supporters of the hate speech laws, such as civil society groups and the Irish Council for Civil Liberties, have expressed disappointment, arguing that stronger hate speech legislation is essential to combat rising intolerance. Despite this, free speech advocates, both in Ireland and abroad, have celebrated the decision, viewing it as a victory for free expression and a cautionary example for other countries.

The bill's hate crime elements, which include enhanced penalties for offenses motivated by hatred, are still set to proceed, but the government has indicated that the hate speech provisions may be revisited at a later stage.

The latest update on Ireland's hate crime legislation confirms that while the government has dropped the hate speech provisions due to lack of consensus, the hate crime aspects of the bill will continue to move forward. These provisions include stronger penalties for crimes motivated by prejudice against protected characteristics like race, sexual orientation, gender identity, and disability. The bill has drawn both support and criticism, with concerns about missed opportunities to curb hate speech but praise for advancing hate crime protections, particularly for vulnerable communities like the LGBTQ+ population