Irish Minister for Justice Jim O’Callaghan has confirmed that the government will not reintroduce hate speech legislation previously rejected by parliament, despite pressure from the European Union to tighten its speech laws.

In June, the European Commission warned Ireland that it had two months to comply with a 2008 EU framework decision requiring member states to criminalise racist and xenophobic behaviour, including incitement to violence and Holocaust denial. Failure to comply could result in referral to the Court of Justice of the European Union.

Responding to a question from Deputy Paul Lawless in the Dáil on Thursday, O’Callaghan said he would not revive the earlier hate speech bill.

“I’m fairly satisfied Ireland has transposed the European Council framework decision on combating certain forms and expressions of racism and xenophobia in a manner appropriate and tailored to domestic law,” he said.

He added that Ireland’s position had been communicated to the European Commission, maintaining that the country’s existing legislation aligns with its constitutional protections for freedom of expression under Article 40.6.

Ireland currently enforces the Prohibition of Incitement to Hatred Act 1989, which criminalises inciting hatred based on characteristics such as race, religion, or nationality. According to the Irish Courts Service, five convictions have been recorded under the Act since 2017. EU officials have argued that the legislation does not fully meet the bloc’s requirements.

The issue gained renewed attention in 2022 with the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill, which was shelved in 2023 following public backlash and criticism over its broad definitions and potential impact on free speech.

The proposed law also drew international attention. Vice President J.D. Vance, then a U.S. Senator, wrote to the Irish ambassador expressing concern that the bill could “undermine Ireland’s commitment to universally prized freedoms, including the freedom of speech.” Vance cited sections prohibiting “reckless” speech that could incite hatred, warning that such provisions might suppress legitimate public debate.

Vance’s letter referenced Irish Senator Pauline O’Reilly’s past comments that the purpose of such laws was to “restrict freedom,” contrasting this stance with the United States’ criticism of countries like China and Iran for limiting free expression.

Following the EU’s June threat, the U.S. State Department’s Bureau of Democracy, Human Rights, and Labor (DRL) issued a public statement supporting Ireland’s stance on free speech.

In a post on X, the DRL stated: “The European Union is threatening legal action against Ireland if it does not adopt the speech rules designed by bureaucrats in Brussels, even after the Irish government dropped such legislation last year due to lack of democratic consensus. The United States is deeply committed to supporting freedom of expression and national sovereignty. We support the Irish people and our shared commitment to fundamental freedoms.”