Jonathan O'Brien
Question:69. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to introduce legislation on hate crimes. [40208/16]
View answerWednesday, 14 December 2016
Questions (69)
Written answers
There are mechanisms in place to deal with hate speech and hate motivated crime. With respect to incitement to hatred, the Prohibition of Incitement to Hatred Act 1989 makes it an offence to use words, publish or distribute written material or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred. The word "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.".
Separately, where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.
That said, in light of reports by civil society, the experience of other jurisdictions, changes in Irish society and the use of the internet and social media, I have requested that this area of the criminal law be examined with a view to considering whether further legislative proposals are needed to strengthen the law.