Policy Position on Hate Crimes & Free Speech

FDI Position On Hate Crimes & Free Speech :

Last week the Garda Commissioner Drew Harris announced the forces new working definition of hate crime. The strategy defines a hate crime as any criminal offence perceived by the victim or any other person to be motivated by hostility or prejudice based on disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender.

We in FDI believe that all violent crime is a “hate crime” no one is assaulted out of love or care or any positive emotion. FDI believe that all violent crime should be severely punished and victims must be given the best possible outcome.  However to elevate one assault over another based on the victims “perception” of the motive behind the crime is dangerous and will lead to inconsistent implementation of the law and unfair outcomes for both victim and accused.  

The other danger as we see it, is that such a definition or even the existence of “hate crime” can also lead to an assault on free speech rights.  We have seen in the UK, where a woman was arrested and cautioned by police for referring to a transgender woman as “he” or by their former name rather then their adopted name.  What to one person can be a heated or passionate debate online or in a public forum, may be 'perceived' as a hate crime under the announced Garda definition.  This is a slippery slope.  We in FDI believe passionately in the right to freedom of speech and expression up to the point where there is a direction to commit a crime or call for an attack on someones life, liberty or property and that this is acted upon by others or the person themselves.

Free Democrats Ireland are calling for an end to all legislation that makes definitions of any crime as a “hate crime”, we are calling on the Gardai to vigorously implement laws against violent acts and prosecute all cases of violent crime against anyone by anyone, regardless of perceptions or motives or the race, ethnicity, gender, sexuality other then what goes beyond the obvious nature of the crime.  We urge that the right to free speech and freedom of expression be protected by our legislators and that while some speech is vile and unwelcome, society must find a way to handle bigots and racists rather then their ignorance being legislated against and their free speech being curbed. FDI believe that ideally everyone would practice responsible speech and would respect people's right to live their lives in dignity and freedom, we acknowledge this is not always the case, but it is not the role of the state to police thought and allow feelings and perceptions to direct legal action and appropriate policing.