Calls for migration status to be protected under hate crime law

Migration status should be included in the upcoming hate crime legislation due to the “current climate” in Ireland, an Oireachtas committee hearing has heard.

The Independent TD Thomas Pringle proposed an amendment to the Incitement to Violence or Hatred and Hate Offences Bill 2022, which is presently in its third stage, to include persons with “any regular or irregular migrant status.”

“I think in the current climate that it is important it is recognised in such a way,” said Mr. Pringle. He highlighted the rise in anti-immigration demonstrations across the country.

While agreeing with the TD’s intentions, Justice Minister Simon Harris stated that he will first seek legal advice before making any decisions.

“From a policy perspective I’d like to do it,” he said. “I will consider it and report back at committee stage.”

Mr Harris said new characteristics, namely descent, gender, sex characteristics, and disability were informed through an “extensive” public consultation in 2019 and ongoing engagement with minority groups.

Regarding the proposed inclusion of migration status, Mr. Harris stated he “instinctively” sees the advantage of doing so and mentioned problems now experienced around the nation.

He said while he was supportive of the proposal, he would need to seek legal advice on the proposed amendment.

Mr Pringle raised concerns that the public consultation was in 2019 and said: “It has come up and is very topical at the moment and I think it’s something that needs to be addressed.” 

Many additional proposed amendments were rejected by Mr. Harris.
This included one to define “hate” as “a state of mind characterised as intense and irrational emotions of opprobrium, enmity and detestation towards the target group”.
He claimed that the Attorney General and the Director of Public Prosecutions (DPP) had advised against establishing a definition too prescriptive.

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