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Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 - Read OP

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  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    Forget about the cause, whether it's pro or anti-legislation people — in principle, do you believe that a law that can be easily abused is a good law?

    To put it into perspective, I'm against the legislation even if most of the people abusing the legislation are against it. The very fact it can be abused by anyone, by either side, demonstrates the very weakness of the legislation. Almost everyone can see this.

    Also, where is your evidence that all the people reporting to Scottish police are "Neo-Nazis"?

    If evidence is what we care about, it's important not to make things up.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    I don’t know what you think the Lisbon Treaty has to do with anything, but there IS a mandate for EU law to be transposed into Irish Law, and more to the point - enacted in a timely manner or face sanctions, and even more sanctions if the law is not deemed to be strong enough:

    https://m.independent.ie/business/media/ireland-fined-25m-by-eu-courts-for-delays-to-online-safety-law/a1636080366.html

    EU law is superior to national law. This means that Ireland (along with other member states) cannot pass national laws that contradict EU laws. It also means that an EU law can over-rule an Irish law, even if that Irish law was enacted before the EU law came into effect.

    https://www.citizensinformation.ie/en/government-in-ireland/european-government/eu-law/how-eu-law-works/



  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    Ad hominem is widely considered among the worst arguments in logic.

    In lieu of that, can you explain why you think the position is naïve?

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 1,676 ✭✭✭nachouser


    I've linked to everything. You're being disingenuous to reply like that. Scotland seems to be the test case. It seems to be working out ok.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    If evidence is what we care about, it's important not to make things up.

    But it’s ok for you to make things up and claim that people abusing the operation of the legislation means the legislation itself is weak, when in reality people making things up says nothing about the strength of the legislation to accomplish what it is intended to accomplish.



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  • Registered Users Posts: 1,676 ✭✭✭nachouser


    Maybe you were logged into a different account and you missed the reply. I dunno.



  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    No, it's a legitimate question — and all legitimate questions have legitimate answers.

    Forget about the cause, whether it's pro or anti-legislation people — in principle, do you believe that a law that can be easily abused is a good law?

    Either you believe the answer is yes or the answer is no.

    The question doesn't have a non-answer.

    If you don't want to answer the question, that's fine — but it is a fair and legitimate question to ask.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 1,676 ✭✭✭nachouser


    Nearly half of the total number of online and anonymous reports that week were made on 1 April, at 3,419. The daily rate fell very sharply to just 180 reports on 6 April and 343 on 7 April.

    In contrast, the number of complaints judged to be legitimate remained relatively constant at between 30 and 39 a day through the week. The force said the surge of complaints caused “minimal” impact on frontline policing and was dealt with by its call-handling centres and hate crime specialists."

    I'll leave it to those qualified to decide if it's been a success or a failure.



  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    Even if what you suggest is true, that doesn't make hate speech legislation a good thing.

    It means, at the very least, that reporting figures are being disputed.

    The legislation itself is the problem. Even if mass reporting from bad actors didn't happen at all, the legislation itself would still be bad to pass. Though that said, bad actors are weaponizing the legislation for their own ends.

    It's the legislation that's the problem, first and foremost. You know this.

    Most people know this, that's why it's so unpopular and, when enacted, so ineffective.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    Its different. As you know they would have to make a statement of complaint stating how they were wronged. Now they only have to say that they think they were wronged and have absolutely have no proof of it. They don't have to prove they were wronged now.



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  • Registered Users Posts: 1,676 ✭✭✭nachouser


    I'm not suggesting anything. Have you read any of the links you've been quoted in? It would appear you're one of those very selective "concerned" posters.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    Nobody making a complaint has ever had to prove they were wronged? Making a statement detailing how they think they have been wronged is the same thing. If there isn’t sufficient evidence to warrant an investigation that’s another matter entirely. Lack of evidence is cited as one of the most common reasons as to why an investigation cannot proceed, let alone a prosecution:

    https://www.dppireland.ie/criminal-justice-system/decision-to-prosecute/



  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    This legislation makes it possible for some to pretend to "perceive" hatred against them, even if what they perceive is personal offense i.e. they are manipulating the legislation for their own personal ends.

    It incentivizes people to report, report, report — because you cannot disprove their personal belief that they feel perceived as experiencing "hatred" against them.

    The very fact this is possible makes it bad legislation.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    Trying to get that point through to them is like trying to push a barrel up a hill with a rope.



  • Registered Users Posts: 11,303 ✭✭✭✭Frank Bullitt




  • Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    Of course they have to prove they were wronged, 'there's the damage to my car', 'there's the bruising on my face' etc etc. If someone says ' I think he hit my car' but there's no damage he's on a loser.



  • Registered Users Posts: 555 ✭✭✭concerned_tenant


    It's because they want the power. They want the power to abuse the legislation.

    It's not admitted, but that's the naked ambition.

    "The further a society drifts from the truth, the more it will hate those that speak it." — George Orwell



  • Registered Users Posts: 4,451 ✭✭✭Shoog


    Who exactly has abused the legislation ?

    A bunch of right wingers who never wanted the legislation in the first place.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    As has been pointed out to you numerous, numerous times now (as though you’re not already well aware of it), anyone can pretend to be a victim of a crime, and that possibility exists with regard to any Act which relates to criminal offences or acts. That is no reflection whatsoever on the legislation itself, it is a reflection on the person who engages in that sort of behaviour.

    The legislation itself doesn’t incentivise anyone to report, report, report. The encouragement to report comes from AGS who encourages people to come forward and make a report, as the AGS are aware of certain criminal offences being underreported. That’s more of an issue with current legislation than the issue of over-reporting which you’re attempting to suggest could be an issue, in spite of the fact that it’s been in place in Ireland for years (where did you think AGS get their data from in support of the legislation?):

    https://www.garda.ie/en/reportahatecrime/

    Nothing to do with the proposed legislation, everything to do with the fact that current legislation has been proven to be ineffective in preventing and tackling criminal offences motivated by hatred and prejudice against persons or groups of persons in Irish society on the basis of the protected characteristics included in the upcoming legislation.

    Whether or not it’s good or bad law is entirely subjective, but in order to support your argument, ironically enough - the onus is on you to provide evidence to support your claims, and none of your flowery language, just plain English will do.



  • Registered Users Posts: 11,303 ✭✭✭✭Frank Bullitt


    The EU can do this in 2 main ways, regulations, these are directly applicable in all EU member states, including Ireland, without the need for any national legislation. Once a regulation is passed at the EU level, it automatically becomes law in Ireland. The topic of this thread is not about regulations.

    The next are directives, these are EU laws that set out certain goals that all EU countries must achieve. However, it's up to the individual member states to decide how to implement these goals into their own national laws. In the case of directives, Ireland would need to pass its own laws (or amend existing laws) to comply with the directive.

    Think of things like GDPR and data protection.

    In this case, and its been mentioned a lot already, Ireland can amend whatever the EU say (and vice versa) with regards to law. I mentioned the Lisbon Treaty as we said No the first time, and it was changed, and then we passed it.



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  • Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    ''Nobody making a complaint has ever had to prove they were wronged?''

    After the above you should throw in the towel.



  • Registered Users Posts: 4,451 ✭✭✭Shoog


    They cannot ignore the clauses in the directive, they cannot modify the meaning of those clauses, they cannot refuse to enact the legislation. The scope allowed is to make a document which confirms to preexisting Irish legislation and to make the document understandable to the Irish public.

    If the enacted legislation fails to do any of the above a case will be taken against ilthe Irish state and this has already happened on a number of occasions.

    The scope to change the directive is far more limited than you would like to imagine.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    You were a bit quick off the mark with your claim the first time, is what I think. It’s because I’m already familiar with how EU regulations and directives are transposed into Irish law is the reason I pointed out there is a mandate for it - our membership of the EU for starters. I understand that Ireland can amend whatever is proposed in EU law and apply it within Irish legislation, and I made the point already that France are having considerable difficulties with it given their opposition to being told that they cannot discriminate in law against Muslims who choose to wear traditional dress, while Germany already has existing law prohibiting denial of the Holocaust, and similarly we have the Prohibition of Incitement to Hatred Act since 1989, which has proven to be ineffective in preventing and tackling criminal acts motivated by prejudice and hatred.

    What happened with the Lisbon Treaty is not that the terms of the treaty itself were changed; what changed was the conditions under which Ireland was expected to accept the terms of the treaty. Another one of the main reasons for Ireland’s change of heart the second time round is that Government actually made an effort to inform the public about the Treaty, as opposed to what they did with the recent referendums, and what they’re doing with this bill, knowing that at least it doesn’t involve a referendum:

    https://www.rte.ie/news/2009/1003/122507-eulisbon1/



  • Registered Users Posts: 11,303 ✭✭✭✭Frank Bullitt


    Oh dear…someone hasn't done their homework.

    When it comes to criminal law, the European Union does not have as much authority as it does in other areas such as trade or competition law. Criminal law, including the definition of crimes and penalties for those crimes, is primarily within the jurisdiction of each EU member state. However, the EU does have some influence and mechanisms in the realm of criminal law. One important aspect is the use of directives to harmonize certain aspects of criminal law across EU member states, such as the directive on combating terrorism in 2017.

    This directive aimed to ensure a common approach to combating terrorism across the EU. It included certain provisions on criminal offences related to terrorist activities, such as:

    • Public provocation to commit a terrorist offense
    • Recruitment for terrorism
    • Training for terrorism
    • Financing of terrorism

    Just to note, that while the EU can issue directives in areas of criminal law, member states retain significant control over their own criminal justice systems. The EU's directives aim to harmonize laws and create a common approach to certain criminal offences, but member states still have the responsibility to enforce these laws and prosecute offenders within their own legal systems.

    Where has it been said that the EU will take a case agains the Irish State for this?



  • Registered Users Posts: 4,451 ✭✭✭Shoog


    Nothing you said contradicts what I said, you imagine that the Irish state can mangle this directive to death - just wait to see what happens if they try. But the reality is they won't because they understand the limits of their power to go again EU directives even if you don't.



  • Registered Users Posts: 11,303 ✭✭✭✭Frank Bullitt


    Doesn't seem you are that familiar with EU regulations and a nations sovereign ability over its criminal law though, it shows. Our membership to the EU has absolutely nothing to do with this legislation, or does your knowledge of the EU not stretch that far?

    For the Lisbon treaty, I have not said there were changes made to the treaty, but you made my point for me that changes were made to the conditions. So again, it was changed. Are you following me here? And still claiming that the recent ref was just down to a poor effort from the government…not that the public just didn't agree with it, no? Did they not understand like you?



  • Registered Users Posts: 11,303 ✭✭✭✭Frank Bullitt




  • Registered Users Posts: 4,451 ✭✭✭Shoog


    Your statement do not really reflect reality - they are a projection of what you think it should be like. The reality is that if the EU issues a directive which instructs countries to create a criminal offense - all member states will create that criminal offense as directed. It may not be obvious that this is how it works but the evidence is everywhere available when you follow every directives pathway into Irish law. Ireland never failed to transpose a directive in all its clauses into Irish law.



  • Registered Users Posts: 23,695 ✭✭✭✭One eyed Jack


    I might have no other choice but to throw in the towel if that’s expected to be an explanation as to why you think I’m mistaken in my interpretation of your original claim. It’s often the reason an investigation following a complaint cannot proceed - the victim or victims who made the original complaint is unwilling to cooperate with the investigation by Gardaí. It doesn’t mean the Gardaí can’t continue to investigate and gather evidence, regardless of whether the victim agrees to cooperate with their investigation or doesn’t. Proof that they have been wronged infers something else entirely, more likely in a civil dispute than a criminal matter.



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  • Registered Users Posts: 4,451 ✭✭✭Shoog


    Why do you imagine that. You have a model of how you think things should work. I understand how they actually work.



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