New legislation to combat ‘hate crime’ and ‘hate speech’ is expected to become law before the end of the year, the Government says. Critics say the law will restrict freedom of speech.

The Minister for Justice Helen McEntee published the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, after securing Cabinet approval for the new legislation last week.

The new legislation will criminalise any ‘intentional’ or ‘reckless’ communication or behaviour that is deemed likely to incite violence or hatred against a person because they are associated with a protected characteristic. The penalty for this offence will be up to five years’ imprisonment.

The bill adds gender, including gender expression and identity, and disability to a list of protected characteristics which include race, colour, nationality, religion and sexual orientation. Gender is given no basis in biology in the law.

A number of changes have been made to the contents of the bill since the General Scheme was published in April 2021.

It now includes a general provision to protect genuine freedom of expression. However, it also includes a “demonstration test” for hate crimes to make it easier to secure prosecutions and convictions for crimes motivated by hate. This will be an additional/alternative test to the “motivation test” which is much harder to prove.