The Government and I are determined to stamp out hate-motivated crimes and protect vulnerable communities.
Ireland was at the forefront of tackling incitement to hatred through the introduction of legislation, namely the Prohibition of Incitement to Hatred Act, in 1989. It is an offence to incite hatred based on a person’s race, colour, nationality, religion, ethnic or national origin, membership of the travelling community or sexual orientation.
Legislation for tougher sentences for crimes motivated by hate was brought in by the Criminal Justice (Hate Offences) Act 2024. This legislation provides for increased prison sentences for certain crimes, where they are proven to be motivated by hatred, or where hatred is demonstrated. For example, the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property.
This legislation seeks to protect people targeted because of certain identity characteristics, namely - race; colour; nationality; religion; national or ethnic origin; descent; disability; gender; sex characteristics and sexual orientation.
The Government and I are satisfied that Ireland has fully transposed Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia through existing Irish law, in a manner appropriate and tailored to the domestic legal system and consistent with Article 40.6 of the Constitution, which protects freedom of expression. The existing framework, including the Prohibition of Incitement to Hatred Act 1989, the Criminal Justice (Hate Offences) Act 2024 and relevant common law principles, is considered sufficient to address incitement to hatred, including conduct occurring online.
