TÁNAISTE MICHEÁL MARTIN has said “legitimate” concerns have been raised about what impact proposed hate speech legislation would have on freedom of speech.

Although the Fianna Fáil leader said that the constitution “covers” freedom of speech, he said that if Justice Minister Helen McEntee proposes amendments to the bill, it could be re-examined at committee level.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 passed through the Dáil and is currently at committee stage.

Asked whether there was a possibility that the hate crime legislation could change, Martin said that McEntee has indicated she may propose amendments.

“I think it’s fair to say there’s been significant debate on the issue, although a lot of deputies voted for this. The Sinn Féin party wanted it strengthened when it was going through the Dáil, wanted others included in the legislation,” Martin said. 

“Now the Sinn Féin party has done a 180 degree U-turn and wants the bill scrapped,” he said. 

“TDs in the Dail voted for this legislation, so what I am saying is this: I think legitimate concerns have been raised in public debate around the freedom of speech aspect of it, although the constitution covers freedom of speech,” the Tánaiste added. 

He said that his view is if McEntee comes forward with amendments “then they could potentially be referred to the committee, and re-examine the legislation”.

“And all of the political parties who were for it, now against it can come back in and give their views,” he said. 

“There is a European dimension to this, my understanding is this is a transposition of an EU directive as well,” he said, and added: “I would like it to get some time at the justice committee if that’s possible.”

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 is the first specific legislation that would deal with hate crime in Ireland, and would update existing hate speech laws.

It would repeal 1989 laws and replace them with legislation that would make it easier to secure convictions.

It would criminalise communication or behaviour that is likely to incite violence or hatred against a person because they belong to a protected characteristic.

There is also a provision to make hate an aggravating factor for existing offences when sentencing – although the bill has been criticised for not including a definition of what “hate” is.

McEntee has cited a 29% increase in reported hate crimes in 2022, most of which were based on race, sexual orientation or nationality, as the basis for the bill.

Speaking last week, the Justice Minister said she understood that people have “valid concerns about freedom of speech” and “making sure that we’re not criminalising opinions” and that she has been taking those views on board. 

“But again, this is about making sure when people are committing crimes there’s a punishment there for them,” McEntee told RTÉ’s Morning Ireland. 

The bill would also make it an offence to “condone, deny or grossly trivialise” genocide or war crimes.

With reporting by Hayley Halpin