Ireland refuses to comply with EU demand for hate speech laws

"...Our position is that the framework decision is fully transposed in Irish legislation in a manner that is appropriate and tailored to Ireland’s domestic system of criminal law."

"...Our position is that the framework decision is fully transposed in Irish legislation in a manner that is appropriate and tailored to Ireland’s domestic system of criminal law."

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Minister for Justice Jim O’Callaghan told the lower House of Ireland’s national parliament in a recent session that he would not be reintroducing a hate speech law that had previously failed. This comes after the European Commission warned the country in May that it had two months to implement hate speech laws, or face possible legal action.

Deputy Paul Lawless asked O’Callaghan on Thursday if he would be reintroducing a previous resolution on hate speech that failed under the last minister of justice. O’Callaghan said, "No."



"I’m fairly satisfied that Ireland has transposed the European Council framework decision on combating certain forms and expressions of racism and xenophobia in the manner appropriate and tailored to the domestic system of law in Ireland," he explained.

"I want to assure members of the house that Ireland’s position has been communicated to the European commission, and our position is that the framework decision is fully transposed in Irish legislation in a manner that is appropriate and tailored to Ireland’s domestic system of criminal law and procedure, and is line with, of course, with Article 40.6 of the constitution, which expressly respects and prtects the rights to free of expression and people to express their views freely."

In May, the European Commission said that Ireland is "failing" to comply with a 2008 EU framework decision that aims to combat racism and xenophobia.

The Commission stated, "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."

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