The desire to "suppress free speech” in Irish society is “causing division” and is “deeply problematic”, Ciara Kelly has argued.

During the last Dáil term, the Oireachtas passed the Criminal Justice (Hate Offences) Act 2024 which provided for increased prison sentences where hatred of certain characteristics has been proven to be a factor. 

Controversial plans to redefine the criminalisation of ‘hate speech’ were dropped as the legislation was scrutinised by the Oireachtas. 

Now, the European Commission Against Racism and Intolerance has published 15 recommendations for the Irish Government. 

Notably, it called for “as a matter of priority, new legislative measures punishing hate speech”. 

In particular, it noted that “hate speech remains widespread and that Travellers and Roma continue to face high levels of racism and discrimination.”

On Newstalk Breakfast, presenter Ciara Kelly said she was “glad” plans to criminalise hate speech were dropped from last year’s legislation. 

 “Of course, being obnoxious, being racist, those things are wrong,” she explained. 

“Of course, going out of your way to offend people, insult them is wrong. 

“But trying to police the speech of people is incredibly difficult and I remember actually having the then Justice Minister Helen McEntee in studio with us and interviewing her, asking her about how we would define hate. 

“It certainly wasn’t defined in the previous legislation that they were trying to bring through.” 

Simon Harris and Helen McEntee. Picture by: Leah Farrell / © RollingNews.ie.

Ciara added that she did not feel Minister McEntee provided a clear definition of what hate speech is. 

“I do think there are dangers in all of this,” she continued. 

“I think there are dangers in creating a hierarchy of victimhood; I think there are dangers in creating one group of people who are protected in a different way to another group of people. 

“I think what we really should be going for is equality for people.” 

Ciara added that while racism is an issue, so too is attempts to curtail people’s free speech. 

“One of the things that this group has said is that they think hate speech is causing division and everything,” she said. 

“I actually think that people trying to suppress free speech is causing division just as much as hate speech is. 

“I have no desire to hear more racism out there; I have no desire to hear more hate;  I have no desire to express it myself in any way. 

“But I think this is deeply problematic; I fear it and I don’t think it is a straightforward thing at all. 

“I suspect, in time, even the EU will tiptoe away from it.” 

'Not fit for purpose' 

Co-presenter Shane Coleman noted that hate speech was banned in the Prohibition of Incitement to Hatred Act 1989. 

Given how much society has changed since then, he believes the act is “not fit for purpose”. 

“That’s pre-internet, pre-immigration to this country; there’s been seven successful prosecutions under that act since then,” he said. 

“That act is not fit for purpose.” 

Despite this, he conceded last year’s proposals were “deeply flawed”. 

“I mean there was some ridiculous stuff; possession of material that could if disseminated lead to hatred, it was a crime - that was a serious overkill,” he said. 

“But back then, we were so terrified of the authoritarian strain of the left, we were dancing to their tune. 

“Now, we’re terrified of the intolerant right and we’re doing nothing. 

“We’ve gone from one extreme to the other.” 

Shane Coleman in the Newstalk studio. Image: Newstalk

Shane added that hate is “festering online” and more needs to be done to combat it. 

“The protests last week didn’t come out of nowhere,” he said. 

“We have to have the tools to prosecute people who are inciting hate. 

“The 1989 Act does not do that; it’s political cowardice to run scared of this.”

Main image: Ciara Kelly in the Newstalk studio. Image: Newstalk