Justice Minister Outlines New Hate Crime Legislation

Justice Minister, Naomi Long, has outlined new hate crime legislation that she intends to bring forward by the end of the mandate.

The Alliance Party leader said that she was committed to delivering a "safer community for all" following a spate of recent racist attacks and incidents across NI.

Minister Long said: "There must be no place in our society for the hate, xenophobia, racism and Islamophobia that we have seen on the streets over recent weeks, nor should we tolerate homophobia, transphobia, ableism or anti-Semitism.

"As Justice Minister, I intend to bring forward new foundational hate crime legislative provisions and I am determined that these new provisions will be in place by the end of this mandate. This was a priority for me on returning to office in February but is particularly important considering what we have witnessed on our streets over recent months.

"I am proposing to bring forward the statutory aggravation offence model for hate crime in a forthcoming Sentencing Bill which is planned to be introduced next year. The model will become the core method of prosecuting hate crimes in Northern Ireland, allowing all existing criminal offences to be aggravated by hostility based on membership or perceived membership of a protected group.

"The new statutory aggravation model will provide the opportunity for the defendant to respond to the hate crime element in the legal proceedings; for enhanced sentences to be made available where the hate motivation is proven; and ensure the hate crime element of convictions is included on criminal records, assisting with rehabilitative work in order to reduce the risk of reoffending and further victimisation, by tackling the underlying attitudes.

"Enhanced protection for victims of hate crime remains a key priority of mine, therefore I am proposing for more specific support to victims and witnesses through provisions included in a Victims Bill. This will include provisions to allow automatic eligibility for consideration of special measures and protection from in-person cross-examination by the defendant in hate crime cases. 

"Splitting the aggravated offence and victims' provisions across a Sentencing Bill and a Victims Bill and focusing the limited resources available to the Department on the delivery of these specific, and most impactful proposals represents the only realistic means of ensuring the progression of this legislation within this mandate and of expediting protection and support for victims.

"Due to a reduced mandate and limited resources, the Department is unable to accommodate the introduction of an expansive, stand-alone Hate Crime Bill, as proposed in Judge Marrinan's Review of Hate Crime Legislation. However, with respect to the remainder of Judge Marrinan's recommendations, it remains my intention to implement those in due course, subject to the usual approvals, and to continue the policy development work required to develop legislation for the next mandate.

"These legislative provisions provide a tangible way to deter offenders and strengthen sanctions for hate crime offences as well as supporting hate crime victims through the criminal justice process. Nevertheless, legislation alone will not stop manifestations of prejudice and hate in our society. It is clear that there needs to be a cross-departmental approach to addressing hate with an important emphasis on preventative actions, focused on societal attitudes, education and community cohesion."