Dáil Éireann Debate, Thursday - 8 May 2014
153. Deputy Charlie McConalogue asked the Minister for Justice and Equality to set out her plans to amend the Prohibition of Incitement to Hatred Act to include disability; if she has any such plans, her reasons for same; and if she will make a statement on the matter. [20652/14]
View answerThe State's prosecutorial authorities have not brought to my attention any concerns indicating a need to amend incitement to hatred legislation as proposed by the Deputy. Nor is there any requirement in international law requiring domestic legislation to combat incitement to hatred against a person or persons on grounds of disability. EU Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law requires the Member States to criminalise incitement to hatred, hatred being defined by reference to race, colour, religion, descent, or national or ethnic origin.
Where other criminal offences such as assault, criminal damage, or public order offences are committed with a hatred motive, they are prosecuted as generic offences through the wider criminal law. Judges are required to take aggravating factors, such as targeting a victim because he or she is disabled, into account at sentencing. Also, the discriminatory grounds in equality legislation to combat discrimination in employment and the provision of services include disability. If an evidence-based case is made to add disability to the discriminatory grounds in the Prohibition of Incitement to Hatred Act 1989, this will, of course, be examined.
