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

Arent we all.

Sure how would we know? There could be thousands! That's doubtful and im just being funny😊

But how.could we know, because there was no legislation, therefore no crime, no investigations, no charges etc.

😁Nobody is calling for nasty words to be criminalised.

I said it was a joke🙄

No, we wouldn't know, how could we possibly? Do you think that victims would be publicising them?

we do have records of non crime hate incidents recorded by gardai, so.presumably some reported non crime incidents would indeed be crimes under new legislation.

https://garda.ie/en/information-centre/statistics/hate-crime-statistics.html

https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/press-releases/2023/march/an-garda-siochana-2022-hate-crime-data-and-related-discriminatory-motives.html

There is no offence of offending someone. That is not now, nor will it be an offence

As they can now.

As

No, the case is adjudged from objective, independent criteria — did the assault take place? What evidence can we appeal to?

Any subjectivity in the case is wrapped within the confines of layers of objective data. People don't enter court without evidence to justify the claim, objective evidence from which they argue their subjective perspective.

I'm not for a moment suggesting that subjectivity does not exist in law in any capacity.

What I'm saying is that this legislation offers someone carte blanche the opportunity to report someone without any objective criteria at all; without any means of disproving their case.

The two examples could not be any more opposed.

Someone can do that right now. Big swing. Giving into bullys who might abuse the law isnt an excuse not to bring a law.

There is no such thing as a risk free reporting system - if someone makes a false report, there is a risk to them for doing so that they will be prosecuted. Whatever incentive anyone has for making a false report, the mechanisms by which they may do so, already exist. If they do not wish to make a false report in person, they may do so by telephone call, or online:

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

In recent times for example a tweet by the CEO of Educate Together has upset Jewish Israeli parents, and there’s a bit of back and forth between the parents and the board of Educate Together about it. There is an incentive there for anyone to make a false report based upon current legislation which includes religion:

https://archive.ph/qXFu0

Similarly, there was an opportunity for anyone who wanted to make a false report incentivised to do so in circumstances where a teacher in an Educate Together school made an awful gaffe, and the Chairman apologised to the student and his mother for it:

Chairman of the school, Richard Allen, said it was an ‘unfortunate incident’ and apologised to the pupil and his mother.

https://www.thejournal.ie/muslim-charlie-hebdo-limerick-school-1923456-Feb2015/

You’re choosing to focus on the protected characteristic of gender, when there are nine other protected characteristics of equal value which offer the same opportunity and incentive for anyone who is of a mind to do so, to either deliberately make a false report, or make a report in good faith that later may or may not require investigation by Gardaí. It happens plenty, you just don’t hear about it because there’s no opportunity for sensationalism.

"Necessitated" means to make something necessary or unavoidable. If a situation or action necessitates something, it means that circumstances require it, making it essential or inevitable.

Necessitated by Ireland’s membership of the European Union, is not the same as saying necessary to be a member of the European Union. It means because of our membership, not - in order to be a member.

The exception to this is European Community law, which, under the terms of Article 29 of the Constitution, has the force of law in the State. This means that any law or measure, the adoption of which is necessitated by Ireland's membership of the European Union, may not, in principle, be invalidated by any provision of the Constitution.

You are contradicting yourself here, just admit you got it wrong. Nothing new.

While there’s no mention of penalties in relation to these particular measures (which are part of The Framework Decision and the Victims Rights Directive), the idea that there is no mandate for an Irish law to be passed just because of the EU, is just flat-out nonsense, as demonstrated by the fact that Ireland’s failure to transpose EU Law into Irish Law led to Ireland having to pay fines, until such a time as the Oireachtas gets the finger out and transposes all of the Directive into Irish Law:

As I have said, and you have ignored. The EU can pass certain regulations and directives. While it can pass criminal law (like the terrorist example I gave) it is ultimately up to the sovereign member states to pass their own laws.

The link you posted: "The penalty was imposed after Ireland failed to meet a September 2020 deadline for implementing the EU’s updated Audiovisual Media Services Directive (AVMSD)." Thank you for making my point for me, it was a directive, like I already pointed out.

You should really read what you copy and paste.