Criminal Justice (incitement to violence and hatred and hate offences) Bill 2022: a pragmatic proposal for the passage of hate crime legislation

Recent public discourse regarding the Criminal Justice (Incitement to Violence and Hatred and Hate Offences) Bill 2022 has been characterised by misinformation and misunderstandings regarding Part II of the Bill which relates to incitement to violence and hatred. The concern is that resulting confusion regarding Part II will further delay the passage of this important Bill and that ultimately it will not be enacted. This Bill represents the third attempt to address the lacune in legislation addressing hate crime in this jurisdiction, a deficit for which Ireland has received criticism from international monitoring bodies and victim advocacy groups. A third failure to enact this much needed hate crime legislation would be very concerning in terms of its symbolic and legal implications. The primary focus must be on hate crime legislation, rather than incitement to hatred. The 1989 Act will still apply, and those who incite hatred can be prosecuted. The revisions to the 1989 Act proposed through the Bill can be addressed separately by way of amending the 1989 Act rather than repealing and replacing it.