The Government has been called on to review the Incitement to Hatred Act following yesterday's dismissal of a case taken against a Co Mayo Fine Gael councillor, Mr John Flannery.
The Galway Travellers' Support Group, which has demanded an immediate response from Government, has also called on Fine Gael to withdraw its support for the councillor, who has been nominated to represent the party in the Swinford electoral area during the June local elections.
Fine Gael said last night it was studying the judgment but had not yet made a decision on Mr Flannery's ratification. This would come before its executive council later this month.
The case was the first of its type to come before the courts under the legislation and arose from reported remarks made by Mr Flannery last May at a Western Health Board meeting.
At a special sitting of Galway District Court yesterday, Judge Thomas Fitzpatrick dismissed the case against Mr Flannery after hearing evidence from 21 witnesses, including members of the Western Health Board and three journalists.
Mr Flannery, who said after the hearing he was "delighted" with the judgment, told the court that he had been involved in helping Travellers for 17 years.
His remark at the health board meeting was a "regrettable, oneline throwaway" which was not intended to be in any way threatening or abusive.
Judge Fitzpatrick said it was clear that Mr Flannery's remarks were reported accurately in the local media but were reported "inaccurately" in the national media and this had caused the problems.
He accepted that Mr Flannery's remarks as reported might cause alarm but they were unlikely to incite hatred. He dismissed the charge on this basis.
Commenting on the outcome, a former Fine Gael councillor, Mr Gary O'Halloran, who made the complaint against his Mr Flannery, said he was surprised at the judgment but accepted that the judge had "a job to do".
Mr Flannery made it clear outside the court that he felt no apology was due to the Travelling community.
"I went in an innocent man and I have come out an innocent man."
Ms Margaret O Riada, of the Galway Travellers' Support Group, said the legislation had to be examined in the light of this first test case.
"We are shocked at the decision but we were aware already that the Act was ineffective. This proves that more work needs to be done. Otherwise what recourse do Travellers have if further such remarks are made in the public domain?"
She said Fine Gael would be "rubberstamping" the situation if it ratified Mr Flannery's local election nomination at national level.
A spokesman for Fine Gael said last night the party had already expressed its concern at the impact of the remarks attributed to Mr Flannery.
"The matter of these remarks subsequently became the subject of a court action. In this context it has now been thoroughly investigated by the Garda and decided by the courts and we will be studying the court's conclusions," the party spokesman said.
