Legislation allowing for increased prison sentences for hate crimes comes into effect today.
The Criminal Justice (Hate Offences) Act 2024 targets crimes which are proven to have been motivated by hatred.
Ireland had been criticised by the Council of Europe for being one of the last remaining countries in the EU to not have specific laws against hate crimes.
Justice Minister Helen McEntee says the legislation will protect people who are targeted because of characteristics such as religion, gender or sexual orientation.
The Criminal Justice (Hate Offences) Act 2024 provides for increased prison sentences for certain crimes, where proven to be motivated by hatred, or where hatred is demonstrated in the commission of the offence.
The Department said, that the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher jail time for offenders.
Where hatred is not proven, a person can still be charged with assault or damage to property following a garda investigation.
Minister for Justice Helen McEntee said that she was “determined to stamp out hate-motivated crimes” and protect vulnerable communities.
“This legislation sends a clear message to those who target victims because of their association with a particular identity characteristic that they will be prosecuted for hate crime.
“Up to now, Ireland has been one of the few remaining EU countries not to have specific hate crime offences set out in law. This is despite An Garda Síochána recording certain crimes as hate crimes, and despite the fact that recorded hate crimes increased by 7.5 percent in 2023 and by 29 per cent a year earlier.
“This legislation meets a clear gap in our laws and is widely supported by the public. I’m delighted to sign the order to commence it in full,” she said.
This legislation is aimed at crimes that have the specific motivation to target characteristics such as race, colour, sexual orientation, gender, and disability
The Act creates new, aggravated forms of certain existing offences, hate crimes – where they are aggravated by hatred of one or more of these protected characteristics.
The Department said that Ireland has faced criticism from the Council of Europe and other international human rights bodies, which had, until now, highlighted that there was no specific or statutory provision for hate-aggravated offences in this country.
“The development of the legislation followed a comprehensive public consultation process that included surveys, consultation and engagement with people with lived experience of the impact of hate speech and hate crime.
“Research shows that victims of crime motivated by hate suffer significantly more distress as a result than victims of other types of crimes; with more adverse mental health and physical health outcomes,” the Minister added.
Incitement to hatred and hate speech are criminalised separately under the Prohibition of Incitement to Hatred Act 1989 which remains in force.
