University of Limerick academics present hate crime research to Oireachtas Joint Committee

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TWO leading University of Limerick academics are to present their extensiveย research into hate crime in Ireland to an Oireachtas Joint Committee onย Justice.

Professor Amanda Haynes and Dr Jennifer Schweppe, co-directors of theย European Centre for the Study of Hate at University of Limerick (UL), willย appear before the Oireachtas Joint Committee on Justice this Wednesday.

They have been invited to speak to the Committee on the General Scheme ofย the Criminal Justice (Hate Crime) Bill 2021 based on their expertise in thisย area, and extensive experience researching how hate crimes manifest inย Ireland and are addressed through the Irish criminal justice process.

The research of Professor Haynes and Dr Schweppe has shown consistently thatย hate crime legislation is required in Ireland, and the UL academics veryย much welcome the publication of the General Scheme and the opportunity toย address the committee during its pre-legislative scrutiny.

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Dr Jennifer Schweppe, a senior lecturer in law at UL, explained: “Inย our research we have consistently shown that the absence of hate crimeย legislation in Ireland has led to what we refer to as theย disappearing of the hate element of a crime through theย criminal process.”

“We have also found that courts have treated offences as raciallyย aggravated in the absence of any evidence that racism was involved in theย commission of the offence. In legislating against hate crime, we believeย that we must take a cautious and incremental approach.

“For hate crime legislation to be effective, it must be accompanied byย a scaffolding of supports to ensure that it is implemented properly. In theย absence of such implementation measures, it is almost inevitable that itย will fail.”

Professor Amanda Haynes, an associate professor of sociology at UL,ย continued: “In legislating against hate crime, we must strike aย balance between the need to ensure that the element ofย a hate crime is leveraged on the one hand, but also ensure that theย potential exclusionary effects of a conviction for hate crime are borne inย mind on the other.

“In our research with Professor Ross Macmillan here at the Universityย of Limerick, we have shown in a survey of the general population thatย labelling an individual a hate criminal is likely to prove anย additional impediment to securing employment, as well as their acceptanceย and integration into the wider community.

This, we believe, should be a determining consideration in shapingย legislation in addressing hate crime.”

Dr Schweppe added: “The legislation also amends legislationย prohibiting incitement to hatred. While it is accepted that the Prohibitionย of Incitement to Hatred Act 1989 requires some work, we believe that in theย context of legislation which limits free speech, provisions should beย narrowly and carefully drawn.

“We should not have large numbers of convictions under thatย legislation, and consideration should be given to simply amending theย existing legislation rather than repealing it and replacing it.”

Professor Haynes concluded: “We must learn from the experiences ofย other jurisdictions and draw on international best practice, but equallyย recognise the need to adapt those lessons to an Irish context, and ensureย legislation in this country is appropriate for our legal, policy, and socialย contexts.”