The Irish Government has been urged to resist pressure to implement the European Union’s hate speech laws affecting “words, ideas and opinions”.
In Leaders’ Questions, Deputy Ken O’Flynn highlighted the case of Finnish MP Päivi Räsänen, who was dragged through the courts for quoting the Bible, and of a pastor in Sweden, sentenced to one month in prison for publishing a sermon.
In May, the European Commission gave Ireland two months to comply with the EU’s laws on hate speech, which is more extensive and wide-reaching than Ireland’s current rules, or else risk being referred to the EU’s Court of Justice.
‘Thought crime’
Deputy O’Flynn queried whether quoting Scripture will “become a punishable act” if the Government introduces the laws.
He also asked: “Will this Government stand over a law that criminalises people for what they think, criminalises people for what they say rather than what they do?”
He continued: “We are not talking about the incitement of violence, we are not talking about threats or harassment, we are talking about words, ideas and opinions; often and sometimes unpopular and uncomfortable, but still lawful expressions, which are supposedly free”.
In response, Minister for Finance Paschal Donohoe stated that “any such further decisions are ones that always have to be proportionate, and recognise the deep value of free speech, and the right for freedom of expression”.
EU
According to The Sunday Times, a senior Government source reported that it does not intend to impose any new hate speech laws and that it has a “solid” defence against the EU’s claims.
Another source said: “We don’t believe the commission has given sufficient weight to Ireland’s existing common law on this or to our own existing legal framework”.
Following widespread criticism, Minister for Justice Helen McEntee removed incitement to hatred from the initial proposals of the Criminal Justice (Hate Offences) Act 2024. But the law still allows tougher sentences in instances where crimes are deemed to be motivated by hostility towards a protected group.
Under a previous version, there were concerns that churches could have been criminalised for preaching about biblical sexual ethics.
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