Nearly 40 court cases brought by gardaí in the first year of new hate crime legislation

Darragh Mc Donagh

As many as 46 court proceedings have been initiated by An Garda Síochána under hate crime legislation that came into effect at the beginning of last year, new figures have revealed.

The Criminal Justice (Hate Offences) Act 2024 recognised hate crime as a distinct category of criminal activity for the first time, with perpetrators facing harsher sentences where particular offences are motivated by hatred.

Since the legislation was commenced, a total of 28 cases have been initiated for the offence of threatening, abusive or insulting behaviour in a public place aggravated by hatred.

Cases have also been initiated for the offences of assault aggravated by hatred and property damage aggravated by hatred, though these numbered fewer than 10 in each category.

The figures, which were published by Justice Minister Jim O’Callaghan in response to a parliamentary question from Social Democrats TD Pádraig Rice, reflect the total number of court proceedings initiated by An Garda Síochána under the new law.

It is unknown how many of these were actually prosecuted by the Director of Public Prosecutions (DPP), or how many resulted in convictions.

Ireland’s previous hate crime legislation, the Prohibition of Incitement to Hatred Act 1989, had been criticised as ineffective as it resulted in only five convictions over two decades.

The Government had intended to include provisions in relation to hate speech in the new legislation, but this attracted controversy and opposition, and was dropped from the bill months before its enactment at the end of 2024.

The new law provides for increased prison sentences for certain crimes, where it is proven that they were motivated by hatred or where hatred is demonstrated. Where hatred is not proven, perpetrators can still be charged with the underlying offence.

The legislation aims to protect people targeted on account of characteristics including race, colour, nationality, religion, ethnicity, disability, gender, and sexual orientation.

Signing the commencement order for the new law, then-justice minister Helen McEntee said the Government was determined to stamp out hate-motivated crimes and protect vulnerable communities.

“The legislation sends a clear message to those who target victims because of their association with a particular identity characteristic that they will be prosecuted for hate crime,” she said.

“Research shows that victims of crime motivated by hate suffer significantly more distress as a result than victims of other types of crimes; with more adverse mental health and physical health outcomes.”

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