As the Deputy may be aware, a Letter of Formal Notice was received by the Department of Justice on 4 October 2024, setting out the European Commission’s view that Ireland has not fully transposed Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia. My Department is presently considering the contents of the letter in order to formulate a reply and to make recommendations to me on the appropriate way forward
There are no plans at present to publish the Letter of Formal Notice; however, the Commission has published a summary online which indicates that it considers that Ireland has not fully transposed provisions related to incitement to violence and in respect of condoning, denial or gross trivialisation of international crimes and genocide; and that Irish laws do not, or do not correctly, qualify racist or xenophobic motivation as aggravating factors for criminal offences.
In 2014, the Commission published a report on the implementation of the Framework Decision, which outlined concerns over correct transposition in over a dozen EU member states, including Ireland. Since that time, my Department has worked with the Commission to address outstanding issues.
As the Deputy may be aware, enactment of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 would have ensured full transposition of the Framework Decision. Regrettably, it has not been possible to achieve consensus in respect of the incitement to violence or hatred provisions, and Government recently made the decision to amend the Bill to remove these provisions in order to progress the hate crimes elements.
Enactment of this amended Hate Offences Bill will fulfil the State’s obligation with regard to Article 4 of the Framework Decision which requires that Members States take necessary measures to ensure that racist and xenophobic motivation is considered an aggravating circumstance and can be taken into account in sentencing.
Further to careful examination of the Letter of Formal Notice and in consultation with the Office of the Attorney General, should it be confirmed that outstanding provisions of the Framework Decision require transposition, I am fully committed to introducing separate legislation to amend the Prohibition of Incitement to Hatred Act 1989 and this will be prioritised at the earliest opportunity.
