Press release
New hate crime legislation comes into force
Published on
Last updated on
Published on
Last updated on
The Minister for Justice Helen McEntee has signed the order to ensure that the Criminal Justice (Hate Offences) Act 2024 comes into force today (Tuesday 31 December).
The new legislation provides for increased prison sentences for certain crimes, where proven to be motivated by hatred, or where hatred is demonstrated. For example, the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property.
Signing the commencement order for the Act, Minister McEntee said:
“We are determined to stamp out hate-motivated crimes and we are determined to 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 7.5pc in 2023 and by 29pc 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.”
This legislation will protect people targeted because of certain identity characteristics namely - race; colour; nationality; religion; national or ethnic origin; descent; disability; gender; sex characteristics and sexual orientation. The Act creates new, aggravated forms of certain existing offences – that is, hate crimes - where they are aggravated by hatred of one or more of these protected characteristics.
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.
Minister McEntee added:
“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.”
Incitement to hatred and hate speech are criminalised separately under the Prohibition of Incitement to Hatred Act 1989 which remains in force.