For example, according to the ICCL commissioned ‘Lifecycle of a Hate Crime’, Ireland has the second highest level of transphobic hate crime in the European Union - a finding made all the more disturbing when you consider that incidents of Hate Crime are chronically under-reported. Likewise, research from the European Union Agency For Fundamental Rights, revealed that many Irish same-sex couples remain fearful of expressing themselves in public or engaging in activities heterosexual couples take for granted, for fear of being verbally abused or worse. It is also crucially important that any new legislation is accompanied by comprehensive training for all those tasked with enforcing its provisions, in addition to other confidence building measures. Ultimately, the success of any legislation will be reflected in the increased willingness of victims to come forward and a corresponding reduction in incidents of Hate Crime. The latter will be best achieved through both enforcement and educational measures. The separate but related issue of Incitement to Hatred is also addressed in the Hate Crime Bill. Current law in this area dates back to 1989 when Ireland was very much a monochrome society and where most LGBT+ people either emigrated or stayed in the closet. It is widely agreed that the aforementioned 1989 Act has proved to be toothless and simply not fit-for-purpose at a time when we see such a proliferation of online hate in particular. The proposed updates to our ‘Hate Speech’ laws are therefore timely. And while it is quite correct that the threshold for criminal speech should be a high one, it must also be capable of capturing those truly egregious examples that compromise the safety and well-being of LGBT+ people and other vulnerable groups. We also cannot of course ignore the role of social media platforms in facilitating the sharing of dangerous and extremist content. It has certainly been clear for quite some time now that self-regulation has been an abject failure and an alternative approach is required. Finally, as we prepare to celebrate Pride, let us remember that it is both a celebration and a call-to-action. In addition to Hate Crime legislation, a fully LGBT+ inclusive curriculum in all our publicly funded schools and complete ban on so-called ‘conversion therapy’ (torture) are just some of the other areas where we need to see progress.
WHY NEW HATE CRIME LAWS MATTER By Adam Long
The pressing need to legislate against Hate Crime in Ireland has been a key priority for LGBT+ equality campaigners since the publication in 2016 of the comprehensive ‘Burning Issues’ research revealed it to be the leading legislative demand for our LGBT+ communities post marriage equality. Despite the significant equality strides of recent years, Ireland is something of a European and Western outlier in failing to have any laws in place to address hate motivated criminal acts, where someone is targeted due to their very identity. It can also be no coincidence that Hate Crime has taken on an increased prominence for LGBT+ people in more recent times. The historic 2015 referendum was a powerful demonstration of the fact that the majority of the Irish people solidly affirm our status as full and equal citizens. Conversely, however, that very public support and the wonderful, increased queer visibility it brought in its wake, has caused a bigoted minority to double-down on their hate. This element has also been emboldened by the rise of illiberal, far-right ideologies on the global stage and the use of social media to amplify extremist voices. As we witnessed in the United States earlier this year, when supporters of a defeated Donald Trump sought to violently overturn the outcome of a democratic election, the lines distinguishing the online world from the real world are becoming increasingly blurred.
LGBT+ communities certainly have no intention of compromising our hard won, increased visibility in
the face of such hate. But we are looking to our legislators, among
For organisations like the National LGBT Federation (NXF), on whose Board I serve, we will be closely monitoring developments to ensure that the final version of the Bill passed by the Oireachtas not only fully protects the LGBT+ community in its entirety, but is as robust and effective as possible in tackling the scourge of Hate Crime. Justice Minister Helen McEntee TD, in unveiling her government’s Bill, was right when she talked of Hate Crimes being ‘signal crimes’ in that they are designed to ‘signal’ to victims that their very existence is grounds for violence or abuse. In legislating against this, society would be sending a very different ‘signal’ - that such crimes which strike at a person’s very identity deserve to be recognised as such in law and subject to appropriate sanction. However, there is little to be gained if any new law proves to be mainly symbolic in nature. We certainly know from the research that Hate Crime is far from an abstract concept for LGBT+ people.
others, to clearly demonstrate that they stand with us and on the side of progress and modernity more generally.
The recent publication by the government of a Heads of Bill, which proposes to legislate both for Hate Crime in addition to updating laws around Incitement to Hatred, was given a broad welcome by campaigners. In the first instance, there was relief that after many years of advocacy and campaigning, there is now, at last, a tangible legislative proposal from the government of the day to address the issue. The draft Bill also appears to be fully LGBT+ inclusive with both sexual orientation and gender identity/expression explicitly enshrined as protected characteristics. The Bill will now embark on its journey through Parliament where it will be subjected to scrutiny and debate, including possible amendments which may try to either strengthen provisions or indeed to water down or remove key elements.
Our equality journey continues.
Adam Long was born in Cork and has been an LGBT+ equality advocate for many years. He currently serves as a Board Director with the National LGBT Federation (NXF)
www.corkpride.com
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