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Dáil Éireann debate -
Thursday, 21 Jul 2016

Vol. 919 No. 2

Criminal Justice (Aggravation by Prejudice) Bill 2016: First Stage

I move:

That leave be granted to introduce a Bill entitled an Act to make provision for aggravation by prejudice of offences in circumstances where an offence, at the time of commission, is accompanied by prejudice relating to the race, colour or ethnic origin, a disability, sexual orientation or transgender identity of a person and to provide for related matters.

This is about tackling hate crimes. In my capacity as Fianna Fáil equality spokesperson I am sponsoring it with my colleague, Deputy Margaret Murphy-O'Mahony, who is our party spokesperson on disability. This Criminal Justice (Aggravation by Prejudice) Bill 2016 proposes that when an offence occurs and is aggravated by prejudice relating to colour, ethnic origin, disability, sexual orientation or transgender identity of the person against whom the offence is committed and when it is stated in either an indictment or complaint or both that an offence is aggravated by prejudice then on conviction the court shall find that the offence is aggravated by prejudice relating to race, colour or ethnic origin. The court shall also record the conviction in a manner that demonstrates it is an offence aggravated by prejudice and will take this into account when determining the sentence. When the sentence in respect of the offence is different from that which the court would have imposed if the offence was not aggravated, the court will state the extent of and reasons for that difference.

The effect of this Bill would be that the courts would have to consider an offender's prejudice or hatred towards these groups and sentence the offender accordingly. Ireland does not have specific hate crime laws and it is necessary that we should have. Such legislation will make it very clear that such prejudice and hatred will not be countenanced or tolerated. Furthermore, such a law would enable us to keep better track of such incidents. Similar legislation is in place in Scotland, Northern Ireland, England and Wales: it is time we had it too. With my colleague, Deputy Murphy-O'Mahony, I look forward to taking this Bill further when we return after the recess. I commend the Bill to the House.

Is the Bill being opposed?

Question put and agreed to.

Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.
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