As part of its latest infringement package, the European Commission said Ireland is “failing” to comply with a 2008 EU framework decision aimed at combating racism and xenophobia. The country is being urged to criminalize hate speech and speech that denies or trivializes crimes such as the Holocaust.
“The Commission considers that Ireland still fails to transpose the provisions related to criminalising the public incitement to violence or hatred against a group or a member of such group based on certain characteristics, as well as the conducts of condoning, denial, and gross trivialisation of international crimes and the Holocaust,” the Commission stated, according to The Journal.
While Ireland has some laws on the books, including the Prohibition of Incitement to Hatred Act 1989, the Commission says they are not sufficient. According to the Irish Courts Service, only five people were convicted under that act as of 2017. In 2023, Ireland passed new hate crime legislation, which took effect at the end of December. However, the law did not include hate speech provisions.
The decision to remove hate speech provisions was made last September due to a lack of consensus within the government. The exclusion of hate speech laws drew criticism from across the spectrum, including the Irish Council of Civil Liberties, People Before Profit TD Paul Murphy, and various far-right and conspiracy-aligned protesters.
Then-Justice Minister Helen McEntee previously acknowledged that Irish law was outdated when compared to other EU member states. The European Commission has now given Ireland, as well as Finland, a two-month window to bring national laws in line with EU rules or face court proceedings. If found in breach by the Court of Justice of the EU, Ireland could be compelled to implement the measures or face financial penalties.
In addition to the hate speech issue, the Commission also raised other concerns about Ireland’s compliance with EU law. These include alleged failures to implement standards on cybersecurity, environmental protections related to landfills, and proper adherence to European Arrest Warrant procedures.
