Ireland pushes back at EU over hate-speech laws as it faces legal action
In May, the EU Commission told the Government it had two months to begin implementing an EU directive that combats racism and xenophobia.
The Government has written back to the commission, saying the laws on hate crimes 'are effectively transposed' by existing Irish laws.
The State faces legal action from the EU if it does not enforce European laws on hate speech.
A spokesperson for Justice Minister Jim O'Callaghan said: 'Ireland has engaged with the European Commission on this matter and has certain reservations with regard to the commission's analysis of the perceived shortcomings of the current Irish implementation, in particular, that sufficient weight has not been given to Ireland's position that the provisions in the framework are effectively transposed by existing Irish constitutional, statute and common law.
'The Government will continue to engage with the commission to ensure that any outcome respects Ireland's common law tradition and the implementation of the framework.'
The spokesperson said the hate-crime laws already brought in mean longer prison sentences for hate crimes, if they can be proven to have been motivated by hatred or where hatred is demonstrated.
'For example, the legislation ensures that assault aggravated by hatred, or damage to property aggravated by hatred, will attract higher prison sentences. Where hatred is not proven, a person can still be charged with assault or damage to property,' they said.
The hate-speech part of the law was dropped after pressure on the previous justice minister Helen McEntee from her own backbenchers in the last government.
Sinn Féin also called for the contentious legislation to be scrapped, even though the party initially voted for the laws in the Dáil.
Taoiseach Micheál Martin previously disagreed with the commission's position, saying existing laws go beyond the proposed EU laws. 'My understanding is the [Justice] Minister believes the commission isn't quite accurate, but it's a matter and we have to work out and deal with the commission. We want to be in compliance with the European framework,' he said.
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