In a recent letter issued to Taoiseach Micheál Martin and Minister for Justice Jim O’Callaghan, activists and civil society groups are calling on the Irish government to urgently clarify its position on hate crime and hate speech legislation, following what they describe as a contradiction between official policy statements and recent legislative developments.

The Coalition Against Hate Crime has issued a detailed letter demanding the government “close the gaps” in Ireland’s hate crime and hate speech framework, highlighting inconsistencies between its stated commitments and legislative action, or lack thereof.

The Criminal Justice (Hate Offences) Act 2024, which came into effect on December 31, 2024, after delays in the Seanad, introduced stronger penalties for crimes motivated by hatred. However, the Act does not include provisions for hate speech, despite previous commitments to modernise Ireland’s incitement to hatred laws.

The exclusion of hate speech provisions from the final legislation, reportedly due to concerns over freedom of expression, has since drawn criticism from activists who argue the government is backtracking on its commitments under both the Programme for Government 2025  Securing Ireland’s Future and the National LGBTIQ+ Inclusion Strategy II 2024–2028.

The Coalition is now calling on the Department of Justice to publish a full assessment of outstanding legal gaps and respond to concerns raised by the European Commission. These include the publication of the Commission’s reasoned opinion, the Government’s response, and a clear legislative roadmap for meeting Ireland’s human rights and EU obligations.

Among the eight key demands for the Hate Crime Legislation written in the letter by the Coalition are:

1. Clarify the Department’s assessment of remaining legal and policy gaps.
2. Publish the European Commission’s reasoned opinion and the Irish Government’s formal response.
3. Provide a timeline for any proposed legislative or policy changes.
4. Outline a strategic plan for comprehensive protections that go beyond criminal law alone.
5. Fulfil commitments made in the Programme for Government and LGBTIQ+ Strategy and Action Plan.
6. Develop a National Action Plan to combat hate crime and hate speech in a holistic way.
7. Launch a public awareness campaign around the 2024 Hate Offences Act and ensure visibility of reporting mechanisms.
8. Engage with civil society, including a formal meeting with the Coalition Against Hate Crime.

The statement also referenced concerns raised in the Dáil regarding the legal definition of “gender” in current legislation. It was argued that the wording in the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 may contradict definitions used in the Gender Recognition Act 2015 and related case law.

“The Coalition reiterates our call for effective protections against hate crime and hate speech, which are substantive, comprehensive, and ensure that all individuals and communities across the country are protected,” the letter reads.

With the rising number of reported hate crimes and hate-related incidents, particularly targeting trans, intersex, migrant and racialised communities, campaigners insist that the time for development is now.

“As a long-standing stakeholder in this area, the Coalition remains committed and ready to engage constructively with the Department to support the development of comprehensive and rights-based responses to hate crime and hate speech in Ireland. In that spirit, we renew our request for a meeting with you or your officials to discuss these matters further.”