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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 3 November 2004

Wednesday, 3 November 2004

Questions (30)

David Stanton

Question:

85 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if the review of the Prevention of the Incitement to Hatred Act 1989 has been completed; and if he will make a statement on the matter. [27240/04]

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Written answers

The announcement of a review of the incitement to hatred legislation was made by my predecessor as Minister for Justice, Equality and Law Reform at a time when few, if any, successful prosecutions had been taken under the Prohibition of Incitement to Hatred Act 1989. One of the aims of the review was to ascertain whether problems with the Act were contributing to this lack of prosecutions and, if so, whether any reasonable changes to it could remedy that situation. Since the review was announced, a number of successful prosecutions have been taken under the 1989 Act and, where appropriate, under public order legislation or Coras Iompair Éireann by-laws. These trends are being monitored as part of the ongoing review and if maintained could have a significant influence on the outcome of the review and any subsequent proposals for legislation.

Two international instruments, the Protocol to the Council of Europe Convention on Cybercrime dealing with criminalising acts of a racist or xenophobic nature committed through computer networks and a European Commission proposal for a Council framework decision on combating racism and xenophobia, which has not yet been finalised, will also be considered to fully assess their implications in the context of the review.

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