The LGBTQ+ community in Ireland has welcomed the long-awaited passing of the hate crime bill in the Seanad after it had been stalled since June. While the bill was passed in the Seanad yesterday, October 16, the provisions regarding hate speech were removed as announced by Minister for Justice Helen McEntee in September.

The bill was previously approved by the Dáil in April 2023, but later faced criticism from several political parties. If made into law, it will introduce longer prison sentences when hate is proven as the motive for an offence. Harsher penalties will also apply to assaults or property damage where hatred is identified as an aggravating factor.

McEntee explained her decision to remove the incitement to violence or hatred provisions, saying it was necessary to progress the bill and send a clear message that “hatred and violence are not tolerated in our society.”

The bill has also drawn criticism regarding its definition of gender, but the legislation retains protections for trans and non-binary people. McEntee defended the bill, emphasising its aim to protect vulnerable groups. She cited three recent cases of individuals attacked in Ireland for not conforming to gender norms.

Addressing concerns over the lack of a clear definition of hate, she explained that hate-aggravated offences are criminalised in most Western nations, none of which include a specific definition of hate. “By defining it in the way that is proposed, we would be completely out of kilter and would render this bill unusable,” she said.

 

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The Coalition Against Hate Crime responded to the bill with support, while also calling for additional measures. In a statement, they said: “Hate crime legislation will ensure that the criminal justice system can identify and address hate crimes in a clear, consistent way. But the coalition believes that much more needs to be done in support of it, including enhanced training for criminal justice actors, improved reporting, better monitoring and data collection, enhanced victim supports, and public awareness campaigns on the legislation and the specific nature and impact of hate crime.”

LGBTQ+ advocacy group Belong To, which is part of the Coalition, also responded by highlighting research conducted with Trinity College, which shows the extent of hate crimes experienced by the LGBTQ+ community in Ireland. Their findings show that 1 in 4 LGBTQ+ individuals in Ireland have been physically attacked due to their identity., while 72% have faced verbal abuse. Moreover, 45% feel unsafe holding hands with a same-sex partner in public and over half of trans and non-binary people don’t feel safe expressing their gender identity in public.

After passing in the Seanad, the hate crime bill is not set to return to the Dáil for further consideration.