Political Stalemate Over Transgender Inclusion in Hate Crime Legislation
The Democratic Unionist Party (DUP) has faced criticism for delaying efforts by Stormont’s justice minister to include transgender individuals as a “protected” group under new hate crime legislation in Northern Ireland. Naomi Long, the justice minister, reached out to other executive parties at the beginning of November, seeking their approval for this change. Her letter, which was shared with news.electrictimes.biz.idNews NI, emphasized the importance of providing equality through this measure, which is part of a broader bill aimed at modifying sentencing laws.
The DUP responded by stating that they could only form an opinion on the issue once a formal paper outlining the proposals is submitted. A party spokesperson noted that its ministers carefully review all executive papers and seek further clarification during the confidential executive process before making decisions.
In her letter, Long pointed out that transgender identity is already a protected characteristic in hate crime legislation in other parts of the UK and Ireland. The existing protected groups include race, sexual orientation, religion, and disability. It is reported that Sinn Féin and the Ulster Unionist Party have expressed support for the proposal, but the DUP did not respond to Long’s letter by the mid-November deadline.
The bill received executive agreement in December 2024, but Long requires approval from all executive parties for its draft contents before it can be introduced to the assembly. It is also understood that both the first and deputy first ministers wrote to Long last month, indicating that any additional provisions would need executive agreement through the standard process, involving a paper with formal recommendations.
A Stormont source commented: “It is encouraging that most parties around the executive table are backing the protection of trans people, but the DUP aren’t engaging and our system of government gives them a unilateral blocking power over the progress of these proposals. The DUP seem to once again be happy with a border in the Irish Sea when it comes to progress on social issues in Northern Ireland.”
Addressing the Need for Transgender Protection
In her letter, Long stated that the measure would “increase protection for transgender people who have been subjected to hate crime… and provide parity of protection against hate crime across the LGBTQI+ community.” She referenced Police Service of Northern Ireland (PSNI) statistics, which indicated there were “close to 100” transgender identity incidents or hate crimes between July 2024 and June 2025, with likely underreporting of the true prevalence.
“There is clear evidence that transgender persons require protection in law based on the evidence collated by the PSNI on hate crimes and hate incidents relating to those who are transgender,” the letter added. Long acknowledged that the consideration of transgender protection comes at a time when trans identity is “the focus of ongoing public and political debate.”
This development follows a Supreme Court ruling earlier this year that defined a woman in law by biological sex. The ruling had significant implications for single-sex spaces in Great Britain, such as female changing rooms and toilets. However, the court was asked to interpret the 2010 Equality Act, which applies across Great Britain but not in Northern Ireland.
Long emphasized that hate crime is a criminal offense separate from equality law and that addressing the gap in protecting victims of transgender hate crime is essential. The proposed sentencing bill would impose harsher sentences on individuals who cause death by dangerous driving. It also aims to introduce hate crime provisions that modernize current laws and provide greater protections for all victims.
Her bill comes five years after a judge conducted an independent review of hate crime legislation. At that time, Desmond Marrinan recommended that Northern Ireland should treat all crimes with an age or gender-based motive as hate crimes, including those against transgender people.