Home > Hate Crimes (in progress) > Ireland

Ireland

Hate Crimes (in progress)

The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Ireland during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.

On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.

Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.

International crimes [1]	Genocide Act , No. 28/1973.
Incitement to hatred / Dissemination of racist ideas [2]	Prohibition of Incitement to Hatred Act 1989 (under review); prohibits the use of words, behaviour or the publication or distribution of material which is threatening, abusive or insulting and intended, or likely, to stir up hatred. Under the Act the following deeds aiming to stir up hatred are punishable: publishing or distributing written material; using words or behaviour or displaying written material; distributing, showing or playing a recording of visual images or sounds; broadcasting an item; preparing or possessing written material or recordings of visual images or sounds. A person found guilty of an offence under the Act is liable to a fine or 6 months imprisonment or both, and on conviction on indictment a fine or imprisonment for up to 2 years. The term “hate crime” is not generally used to describe racist, xenophobic or anti-Semitic incidents. The Act provides a definition of hatred in Section 1(1): “The Act interprets hatred to be hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of travelling community or sexual orientation”. Video Recording Act 1989; prevents generally undesirable video works from being supplied to the public. Among the grounds on which the censor can conclude that a video recording should not be classified as fit for viewing are that the viewing of the video would be likely to stir up hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins.
Holocaust denial [3]
Personal violence	The Public Order Act 1994 may be used in some cases to combat racist acts although on public order grounds rather than on the grounds of prohibiting racist acts per se.
Destruction of property
Civil rights violations	Equality Act 2004; principle of equal treatment between persons irrespective of racial or ethnic origin. Employment Equality Act 1988; prohibits both direct and indirect discrimination in the areas of employment and access to goods and services on nine grounds; gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community.
Racist organizations [4]	The provisions of the Employment Equality Act, 1998, the Equal Status Act, 2000, and the Prohibition of Incitement to Hatred Act, 1989, together with provisions of the Offences against the State Act 1939 make illegal organisations which promote and incite racial hatred and discrimination and render membership of such organisations a criminal offence.
Racist cyber-crime
Aggravating circumstances	No provision in the law for racially aggravated offences attracting heavier penalties.
Bias types [5]	Race, colour, nationality, religion, ethnic or national origin, membership of traveling community, sexual orientation.

[1] Relevant international crimes include genocide, apartheid, slavery and persecution.

[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.

[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.

[4] Includes creation, support, participation.

[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.

Hide