Minister for Justice Jim O’Callaghan today told the Dáil that he has no intention to reintroduce failed hate speech legislation, saying he is “fairly satisfied” that Ireland has transposed the European Council framework decision on combating hate speech.

It came after Aontú Deputy Paul Lawless asked Mr O’Callaghan if he had raised the implications of the proposed EU legislation on hate speech at an EU level.

In May, Ireland was warned it had two months to implement hate speech laws or run the risk of legal action from the EU. The European Commission has claimed that Ireland is allegedly “failing” to comply with laws around hate, threatening Ireland with legal action if it does not comply with the EU’s laws on hate speech, which are more wide-reaching that current Irish law, or else risk being referred to the EU’s court of Justice.

The Commission’s policies pay particular attention to specific forms of hate speech and hate crime experienced by groups and communities, such as antisemitism, as mentioned in the EU Strategy on combating antisemitism and fostering Jewish life (2021-2030), anti-Muslim hatred or anti-gypsyism. 

Rather than passing a broad hate speech law, the Oireachtas passed the Criminal Justice (Hate Offences) Act 2024, coming into effect on 31st December 2024. The law created specific aggravated offences for crimes motivated by hostility towards protected characteristics, with hate speech provisions removed due to a lack of parliamentary consensus; however the existing Prohibition of Incitement to Hatred Act 1989 remains in force, under which incitement to hatred is criminalised.

On Thursday, Deputy Paul Lawless asked the Minister for Justice, Home Affairs and Migration, Jim O’Callaghan TD, if he had raised the implications of the proposed EU legislation on hate speech at an EU level, and if he would make a statement on the matter. 

“Is it the Minister’s intention to reintroduce the hate speech legislation brought forward by his predecessor in the previous Dáil that was a such dramatic failure?” Lawless asked.

In response, Deputy Jim O’Callaghan said he was “fairly satisfied” that Ireland has transposed the European Council framework decision on “combating certain forms and expressions of racism and xenophobia in a manner appropriate and tailored to the domestic system of law in Ireland. “

“I assure Members of the House that Ireland’s position has been communicated to the European Commission,” he said. “That position is that the framework decision is fully transposed in Irish legislation in a manner appropriate and tailored to the domestic system of criminal law and procedure, and is in line with Article 40.6 of the Constitution, which expressly respects and protects the right to freedom of expression and of people to express their views freely.”

“The Deputy will be aware that last year the House enacted legislation to provide for tougher sentences for crimes motivated by hate. That was the Criminal Justice (Hate Offences) Act 2024. This was sensible legislation that provided for increased prison sentences for certain crimes where they are proven to be motivated by hatred or where hatred is demonstrated. For approximately 36 years, we have had the Prohibition of Incitement To Hatred Act 1989. 

“That provides general protections in respect of those who seek to incite violence and hatred against others because of their inherent characteristics,” the Minister continued.

Deputy Lawless said he welcomed the Minister’s response and what he said was “the sea change in the Government’s approach to the hate speech legislation.”

“His predecessor, Deputy McEntee, was a big proponent and driver of this hate speech legislation, so I commend the Minister, Deputy O’Callaghan, on what he is doing. This House should always protect freedom of speech. We saw in Germany recently that pro-Palestinian protesters were treated in the harshest way possible. In this country, people’s views of and sympathies towards the Palestinian people are very different,” Lawless continued, referring to warnings about bans, laws and deportation efforts which commentators say are specifically targeting German critics of Israel’s military activity.

“In relation to the movements from the European Union, is the message from this Government that it is in compliance and will not be co-operating with any diktat in relation to hate speech legislation?” the Mayo TD asked.

Minister O’Callaghan said he wanted to dispute “the Deputy’s categorisation of my colleague, the Minister, Deputy McEntee, in terms of her role in the previous Government.”

“It was the policy of the previous Government and the previous Government made a decision to change that policy. It is unfair of the Deputy to focus on her individually,” he said.

“In regard to challenging hate speech, it is important to point out that, as I said earlier, simply because there is not new legislation being put in place does not mean there is not legislation in place. Since 1989 we have had the Prohibition of Incitement To Hatred Act. It exists in our law. We have a common law that provides for circumstances where aiding and abetting of criminal offences is also a criminal offence. The law covers this area.”

‘ARE WE GOING TO SAY NO TO EUROPE ON THIS MATTER?’

Deputy Paul Lawless said in response that “we abhor hate and I firmly believe that we should all speak respectfully.”

“However, the previous Government set out essentially to define what hate would be. That is obviously a dangerous road to go down. There is a movement throughout the European Union to push hate speech laws. Is the Minister saying today that is not going to happen and we are in compliance and we are going to say “No” to Europe on this matter?”

“I have answered that already,” Mr O’Callaghan said. “I said we have fully transposed the Council decision. It is part of Irish law. We fully transposed it. There are no further steps for Ireland to take. However, I believe we all have a responsibility to ensure we challenge hate speech. Irrespective of whether it is challenged in the courts or by the Garda, we have a responsibility to challenge it.”

Last May, MEP Michael McNamara called on the Commission to back down, calling the efforts “fundamentally misguided.” During a speech in Brussels, he told the Commission that changing the law further would restrict legitimate free speech.

“People resent the fact that they’re threatened with prosecution for expressing their views. We now know that increasing proportions of populations across Europe are afraid to express their views, rightly or wrongly, but it doesn’t stop people or it doesn’t affect how people think in any way, it just affects what they’re afraid to say and what they resent.”

McNamara claimed that the EU’s hate speech laws are “simply not working” and urged the commission to “revisit the approach that they’re taking to hate speech laws and indeed to Ireland”.