The EU could take Ireland to court for dropping its planned hate crime law, the European Commission has warned.
Last month, Justice Minister, Helen McEntee, announced the bill would be dropped because the government did not have consensus to press forward.
The Coalition Against Hate Crime, a group of civil society organisations representing LGBTI, the Traveller Movement and Irish Network Against Racism, amongst others, had argued the new law was urgently needed.
But the bill had attracted controversy with some arguing it went too far.
Donald Trump and Elon Musk were among those who claimed the proposed Irish law would have excessively encroached on freedom of expression.
Dropping the bill puts Ireland in trouble with the EU.
Ireland has had years to put in place a law agreed by the European Union back in 2008 known as the Council Framework Decision on combating racism and xenophobia.
Now the EU is threatening Ireland with court action.
“The [European] Commission considers that Ireland has not fully transposed the provisions related to incitement to hatred or violence, including the condoning, denial or gross trivialisation of international crimes and the Holocaust.”
Ireland has been issued with a “letter of formal notice” by the European Commission, the first stage in so-called EU infringement proceedings. Failure comply could lead to the EU taking a case against Ireland at the European Court of Justice.
Estonia and Bulgaria are also facing similar threats from the European Commission.
“Bulgarian, Estonian and Irish laws do not, or not correctly, qualify the racist or xenophobic motivation as aggravating factors for all criminal offences or ensure that national courts can take this motivation into account when defining the sentences.
The Member States now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion to Ireland [the second stage of infringement proceedings] as well as to refer Bulgaria and Estonia to the Court of Justice of the European Union.”
A spokesperson for the Department of Justice would only say that it “notes the letter of formal notice issued…and its contents are being considered.”
The Coalition Against Hate Crime Ireland continues to urge the government to legislate.
“EU commitments, which the government cannot sidestep, require legislation in this area. The Prohibition of Incitement to Hatred Act 1989 is widely regarded as inadequate and needs to be updated.”