Independent Ireland TD's call on justice minister to send clear message to “EU diktat” on hate speech law

10/05/25 "We reject this creeping authoritarianism disguised as virtue. —hands off our right to free speech and freedom of expression."

Independent Ireland TD's call on justice minister to send clear message to “EU diktat” on hate speech law

Independent Ireland leader Michael Collins TD has called on the Minister for Justice to “stand up for our fundamental rights” against what he described as “an overreaching and unaccountable EU directive” aimed at curbing free speech under the guise of hate speech legislation.

Speaking alongside party colleague Ken O’Flynn TD, who serves as spokesperson on justice, Deputy Collins said that the Irish Government must make clear it will not support or implement laws “which trample on basic freedoms under false pretences"

“This is a critical test for a new Minister who so far has said the right things about tackling spiralling crime and the mounting pressures of immigration,” said Collins. “But words are one thing. This is an opportunity to draw a line in the sand and publicly affirm that Irish citizens will not be muzzled at the whim of Brussels bureaucrats.”

His comments follow news that the European Commission has issued a formal notice to the Irish Government, giving it two months to begin implementing the EU’s Framework Decision on combating certain forms of racism and xenophobia by means of criminal law, or face potential proceedings before the European Court of Justice.

Deputy Ken O’Flynn warned that any move by Ireland to revisit what he described as “the disastrous and dystopian Hate Speech Bill” would meet stiff resistance across the country.

“Nobody in Government was elected to shut down free speech,” O’Flynn said. “And it wasn’t mentioned in any party manifesto at the last election. So if the Government chooses to press ahead, it won’t be acting on the will of the people—it’ll be acting on the orders of unelected bureaucrats in Brussels. Rest assured Independent Ireland will stand at the forefront to fight any new bill on the issue”

Referring to the now-stalled Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill, which was spearheaded by former Minister for Justice Helen McEntee, O’Flynn said that “the people of Ireland have already seen what was being attempted—and they rejected it.”

That bill was heavily criticised by legal experts, civil rights campaigners, comedians, and ordinary citizens alike. Critics pointed out that the legislation would have enabled the prosecution of individuals for possession of material deemed hateful—including, potentially, internet memes—whether or not the content was ever shared.

“It was an extraordinary overreach,” O’Flynn said. “It granted sweeping powers to the State to criminalise expression, to police thought, and to chill legitimate political discourse. It was described, and rightly so, as dangerous, authoritarian, and fundamentally incompatible with democratic values.”

Under the proposed law, individuals could have faced criminal charges simply for holding digital content deemed to have a hateful character, regardless of intention or context. Terms such as “hatred” were left undefined, which critics argued created legal ambiguity and potential for abuse.

Thankfully, that bill was quietly shelved following widespread backlash and procedural stalling in the Seanad. Collins expressed hope that the same outcome would follow this renewed pressure from the European Commission.

“The Irish people are fair-minded. We reject bigotry and racism of any kind,” Collins said. “But we also reject this creeping authoritarianism disguised as virtue. Let me be absolutely clear—hands off our right to free speech and freedom of expression.”

Both TDs have called on the current Minister for Justice to issue an immediate statement reassuring the public that Ireland will not proceed with legislation that “erodes the very rights that generations fought to preserve.”

“A Minister for Justice who cannot protect our foundational freedoms is in the wrong job,” O’Flynn added. “This is about more than politics. It’s about fundamental rights.”