Written Answers - Anti-Racism Measures.
Ciarán Cuffe
Question:
142
Mr. Cuffe
asked the
Minister for Justice, Equality and Law Reform
the steps he intends taking to counteract the distribution of threatening and hate literature and the increase in racist attacks, as highlighted by the latest report from the National Consultative Committee on Racism and Interculturalism.
[7488/03]
Eamon Ryan
Question:
147
Mr. Eamon Ryan
asked the
Minister for Justice, Equality and Law Reform
the measures currently in place to adequately protect people from both racist hate literature and physical attacks in view of the delay in the implementation of the review of the Prohibition of Incitement to Racial, Religious or National Hatred Act 1989.
[7489/03]
John Deasy
Question:
152
Mr. Deasy
asked the
Minister for Justice, Equality and Law Reform
his plans to introduce a statistical reporting system which determines the actual levels of race motivated violence; and if he will make a statement on the matter.
[7465/03]
I propose to take Questions Nos. 142, 147 and 152 together.
Racially motivated incidents are recorded by two bodies. The first is the National Consultative Committee on Racism and Interculturalism, NCCRI, which was established with funding from my Department. Its objective is to develop an integrated approach against racism and promote a more participative and intercultural society. The NCCRI, in partnership with a range of NGOs, has organised a system of reporting racist incidents. The system aims to profile the number, type and location of incidents and to identify emerging trends. These incidents are compiled into six-monthly reports. The first report was published in October 2001 and the second in April 2002. The third report, which covers the period from May to October 2002, has just been published.
The Garda authorities, conscious of the importance of the recording and monitoring of racist incidents, have, since October 2002, also put in place a mechanism to record and gather information on racist incidents and offenders nation-wide by means of the PULSE computer system. The definition of a racially motivated crime has been agreed and circulated throughout the Garda Síochána. It defines a racially motivated crime as any incident perceived to be racially motivated by the victim, a member of the Garda Síochána, a person who was present and who witnessed the incident or a person acting on behalf of the victim.
In order to increase awareness of racism and racial discrimination, a national anti-racism awareness programme called Know Racism was launched in October 2001. The aim of the programme is to stimulate awareness of racism and a respect for cultural diversity. It does so by means of advertising, publicity events, funding for local anti-racism awareness initiatives, partnership ventures and other activities.
Legislative measures have also been taken by the Government to combat racism and discrimination, such as the Employment Equality Act 1998 and the Equal Status Act 2000. The Government has established national bodies to monitor multi-ethnic issues, such as the Equality Authority, the Director of Equality Investigations, the NCCRI and the Human Rights Commission.
The Garda authorities have established the Garda Racial and Intercultural Office, with responsibility for co-ordinating, monitoring and advising on all aspects of ethnic and cultural diversity. Details of a proposed national action plan against racism are expected to be published before the end of this year. It is an offence under the Prohibition of Incitement to Hatred Act 1989 to incite hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origin, membership of the Traveller community or sexual orientation.
It is also an offence under the Act to publish or distribute material or use words or behaviour, etc., that are threatening, abusive or insulting and are intended or are likely to stir up hatred against the specified protected groups.
To prepare or possess material or recordings of a racist or such like offensive nature to be distributed or broadcast in the State or elsewhere is also an offence under the Act. It is open to any person to bring an alleged breach of the provisions of the Act to the notice of the Garda Síochána or the Director of Public Prosecutions.
According to the annual report of the Garda Síochána for 2001, the number of headline offences reported or known to the Garda during that year under section 2 of the Prohibition of Incitement to Hatred Act 1989 was eight. Five of these cases were detected, proceedings commenced in two cases, and one case resulted in a conviction. During the same period, proceedings were taken in 12 non-headline offences under section 2 of the 1989 Act, resulting in a further three convictions.
A review of the Prohibition of Incitement to Hatred Act 1989 is ongoing in my Department and is being carried out in co-operation with the NCCRI.
In 2001, the Council of Europe established a committee on criminalising acts of a racist or xenophobic nature committed through computer networks. Ireland participated in this committee, which drew up a draft protocol to the Convention on Cybercrime on this issue. This protocol was adopted by the Committee of Ministers in November 2002.
In November 2001, the European Commission presented a proposal for a Council framework decision on combating racism and xenophobia. Negotiations on the framework decision are ongoing. The review of the Prohibition of Incitement to Hatred Act 1989 is a comprehensive one, and I consider it appropriate to await the outcome of the aforementioned framework negotiations before it can be finalised.
