Despite a significant increase in hate crimes and hate speech incidents targeting minority groups in Ireland, the number of prosecutions remains low, according to a new report. Since 2022, both Gardaí and other reputable organisations such as the Institute for Strategic Dialogue (ISD) have noted a sharp rise in racially motivated violence and rhetoric, particularly aimed at immigrant communities.

Hate crimes, including both physical violence and verbal abuse, have been on the rise, but convictions under Ireland’s 1989 legislation governing incitement to hatred remain rare. The conviction rate for such offences, while slightly higher than in previous years, is still alarmingly low.

Between 1989, when the law was first enacted, and 2017, only five convictions were recorded. This has raised concerns about the effectiveness of the legislation and the broader response of the legal system to hate crimes and hate speech.

A recent report by the ISD, an anti-extremism group, highlights the growing scale of the problem of low hate crime prosecutions in the country. Over a four-month period this year, the ISD documented 61 incidents involving minority groups who were subjected to racist intimidation or violence.

In the majority of cases, victims experienced overt racist abuse or threats of intimidation. In about a third of these incidents, physical violence or damage to property was involved.

In response to these troubling trends, the Irish government has been under pressure to reform its hate speech laws and introduce hate crime legislation. However, recently, the Cabinet approved plans to drop contentious hate speech laws from the draft Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022.

Justice Minister Helen McEntee confirmed that while provisions related to incitement to hatred and violence would be removed from the proposed legislation, the government still intends to pass the overall hate crime bill.

The bill passed its final stage in the Dáil in April 2023, with 110 TDs voting in favour and only 14 against. However, since then, some of those who had voted in favour have backtracked, including members of Sinn Féin, who have criticised the bill on the basis that it could infringe on freedom of expression. The bill is stalled in the Seanad after passing the second stage.

Despite the government’s withdrawal of the hate speech provisions, Minister McEntee has reiterated her belief that Ireland’s incitement to hatred laws need to be strengthened.

She has pledged to introduce amendments to the bill when it is reintroduced in the Seanad. However, no date has been set for when the legislation will be brought back before the Seanad for debate and potential approval.