Sinn Féin opposed hate crime legislation in the Dáil yesterday, amid significant concerns that the bill was not fit for purpose.
Sinn Féin had submitted major amendments to the legislation and supported amendments from other parties to improve the proposals. These included providing simple and clear definitions of “hate” and “gender”, as well as the removal of disproportionate and overreaching powers that could be used to impede the fundamental right to freedom of expression or the right to protest.
Matt Carthy TD told the Dáil yesterday evening that the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill is “a Frankenstein of a Bill” and should not be enacted.
He said that Helen McEntee’s threat to return the contentious elements of the Bill to the Dáil if the current government are extend should serve as a warning to the electorate.
Speaking in the Dáil, Teachta Carthy said:
“We must be careful in terms of the ability of this legislation to be misused by any Government, now or in future, as a vehicle to censor. As a party, we in Sinn Féin have actually and officially been censored in the past. Our members have seen harassment, violence and persecution meted out to them. On the one hand, therefore, we know that vulnerable sections of our community must be respected. On the other hand, equally, we absolutely demand that democratic freedoms, particularly those related to speech, are protected and respected.
“In other jurisdictions, hate speech laws have actually been used to remove legitimate symbols of expression. We know in some places the display of the Palestinian national flag has been banned as a result of such laws. It is important to record that Scotland enacted hate speech legislation earlier this year and during the first week alone Scotland’s police force was overwhelmed with more than 7,000 complaints. When the Minister and her Government have been responsible for decimating garda numbers and morale and for closing Garda stations across the State, and when we are dealing with shrinking garda numbers it appears the Government wants to tie up those gardaí who remain, investigating instances of people claiming they have been offended rather than the core police duties and keeping our communities and streets safe.
“We in Sinn Féin know what it is like to be censored and we oppose disproportionate and overreaching powers that could be used to impede the fundamental right to freedom of expression or to protest. We oppose the public order sections in the Bill in their entirety. The Public Order Act contains significant powers already. It gives sweeping powers to the Garda which of course it largely exercises correctly. Further powers in this respect are not necessary. Rights are fundamental and we must treat these matters with the utmost scrutiny at all Stages. Unfortunately, the Government has chosen instead to proceeded with a Frankenstein of a Bill which does not even do the things it was intended to do. That is not the way to do business. The legislation should be parked and we should await the outcome of a general election which we know is imminent. Sinn Féin will absolutely oppose this Bill.”
