Niall Collins
Question:167. Deputy Niall Collins asked the Minister for Justice and Equality her plans to introduce legislation to deal specifically with racial attacks on the migrant community. [10939/15]
View answerThursday, 12 March 2015
Questions (167)
Written answers
Where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences through the wider criminal law. The trial judge can take any aggravating factors, including racist motivation, into account at sentencing.
In addition to the wider criminal law, the Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnic origin or sexual orientation.
Essentially, it is an offence to use words or behave in a manner which is threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. "Hatred" is defined as "hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation".
Any person convicted, on indictment, of an offence under the Act is liable to imprisonment for up to 2 years and/or a fine of up to €25,400. A summary offence attracts a penalty of imprisonment for up to 6 months and/or a class C fine (not exceeding €2,500).
A cross-Departmental review of Ireland’s Integration Strategy, including measures to address racism, is currently being led by the Office for the Promotion of Migrant Integration which is part of my Department.
The Cross-Departmental Group has held a number of thematic meetings focussing on key policy areas relevant to the integration of migrants, including education, employment, access to public services and social inclusion, and the promotion of intercultural awareness and combatting racism. Work on the development of the updated Integration Strategy is ongoing and a draft Strategy will be sent to key stakeholders for their observations before the Summer with a view to the Strategy being published as soon as possible thereafter.
In addition, the Joint Oireachtas Committee on Justice, Defence and Equality is also doing work on integration, multiculturalism and combatting racism.
The law to combat racism will be considered in the context of the outcome of the review of the Oireachtas Committee and following publication of the Integration Strategy.