1) I am disturbed by the proposed Criminal Justice (Incitement to Violence or Hatred & Hate Offences) Bill 2022. The Bill removes the presumption of innocence for individuals charged under new hate speech laws & presents significant constitutional concern. #Ireland #HateSpeech
2) In law, this is called a ‘reverse evidential burden’. The introduction of a 'reverse evidential burden' in Part 2 S10(3) is particularly troubling & is repugnant to the Irish Constitution. It should be challenged in the courts.
3) The presumption of innocence is a fundamental principle of the Irish legal system, enshrined in both common law and the Constitution. Article 38.1 of the Irish Constitution states that "no person shall be tried on any criminal charge save in due course of law."
4) Removing the presumption of innocence contravenes this constitutional guarantee and undermines the integrity of the legal system. The right to a fair trial is a core principle of the Irish Constitution, protected under Article 38.
5) By placing the burden of proof on the accused, the Hate Speech Bill effectively denies them their constitutional right to a fair trial. The Irish Constitution guarantees the principle of equality before the law under Article 40.1.
6) The reverse evidential burden in the Bill creates a discriminatory distinction between individuals charged under hate speech laws & those charged under other criminal laws. This distinction is arbitrary & unjustifiable, violating the constitutional guarantee of equality.
7) The proportionality principle requires that any interference with an individual's constitutional rights must be necessary, appropriate, and proportionate to the legitimate aim being pursued.
8) In the context of this Bill, while the aim of combating hate speech may be legitimate, the reverse evidential burden constitutes a disproportionate infringement of the accused's constitutional rights. Alternative, less intrusive measures could be employed.
9) Although not part of the Irish Constitution, the ECHR has been incorporated into Irish law through the European Convention on Human Rights Act 2003.
10) Article 6(2) of the ECHR enshrines the presumption of innocence, and the European Court of Human Rights has consistently held that reverse evidential burdens can violate this principle.
11) As Irish courts are required to interpret domestic law in light of the ECHR, the Hate Speech Bill's reverse evidential burden is likely to be found incompatible with the Convention.
12) The reverse evidential burden in the proposed Hate Speech Bill raises serious constitutional concerns, violating the presumption of innocence, the right to a fair trial, the principle of equality, & the proportionality principle. The provision is repugnant to the Constitution
13)I'm calling on ALL opposition parties to raise this in the Dail & I'm calling on @PresidentIRL to convene the Council of State when this bill lands on his desk for signing into law. @sinnfeinireland @SocDems @AontuIE @Toibin1 @MaryLouMcDonald @HollyCairnsTD
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