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Residency Permits

Dáil Éireann Debate, Tuesday - 3 July 2018

Tuesday, 3 July 2018

Questions (224)

Pat Buckley

Question:

224. Deputy Pat Buckley asked the Minister for Justice and Equality if his attention has been drawn to the fact that a person (details supplied) has recently taken up residence here having been refused access to the UK; and the measures being taken to stop racist and fascist organisers from setting up here. [28874/18]

View answer

Written answers

It is not the practice to comment on the details of an individual case such as this.

As the Deputy will appreciate, the European Directive (2004/38/EC) on the free movement of EU citizens and their family members is transposed into Irish law through the European Communities (Free Movement of Persons) Regulations 2015. The Regulations provide that an EU citizen who is in possession of his or her national identity card or passport may not be refused permission to enter Ireland unless it would be contrary to public policy or would endanger public security to grant him or her permission to enter the State. Restrictions on the right of residence of EU citizens may be imposed on similar grounds.

The Directive provides that measures taken on grounds of public policy or public security must comply with the principle of proportionality and must be based exclusively on the personal conduct of the person concerned. The Directive states that previous criminal convictions shall not, in themselves, constitute grounds for taking such measures. However, a previous criminal record would, where known by the immigration authorities, be a relevant factor in determining whether to permit a person to enter the State as the person could constitute a genuine threat to public policy or public security.

It is, of course, the case that all persons entering and in the State are required to abide by the laws of the State and in circumstances where they engage in criminal conduct they are liable to investigation and prosecution in respect of that conduct.

The Deputy will also be aware that the general criminal law and targeted legislation, the Prohibition of Incitement to Hatred Act 1989, have application for the purpose of protection from racist, xenophobic or other hate attacks. It is an offence to propagate views that are threatening, abusive or insulting and are intended to, or, having regard to all the circumstances, are likely to stir up hatred against a group of persons on account of their race, colour, nationality, religion, ethnic or national origins, membership of the Traveller community or sexual orientation. Accordingly prosecutions may be brought under the Act where intention to incite hatred is proven or where the likelihood of stirring up hatred is proven regardless of intention.

I would note for the Deputy that the National Strategy for Migrant Integration includes a number of actions to promote intercultural awareness and to combat racism and xenophobia. It includes an action to review the current legislation on racially motivated crime with a view to strengthening the law. It also intends to address the issue of under-reporting of racially motivated crime. It is a Whole-of-Government Strategy, in which all branches of Government work together to make our integration vision a reality. That vision is that migrants are facilitated to play a full role in Irish society, that integration is a core principle of Irish life, and that Irish society and institutions work together to promote integration fully. Promoting intercultural awareness and combatting racism is key to achieving this.

The Garda National Diversity and Integration Unit (GNDIU) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GNDIU monitors the reporting and recording of hate and racist crime on a continual basis. There are currently a total of 247 Garda Ethnic Liaison Officers (ELOs) appointed to work with minority communities at local level. These officers play a fundamental role in liaising with minority communities and work in partnership to encourage tolerance, respect and understanding within communities and to help prevent hate and racist crime. The GRIDO and ELO's provide advice and assistance to victims of hate or racist crime.

Ireland has also ratified and continues to implement the International UN Convention on the Elimination of All Forms of Racial Discrimination. This year, Ireland will submit its combined Fifth to Seventh periodic reports to the UN Committee. It is due to be approved by the Government shortly and will be transmitted to the UN thereafter. The report has undergone a comprehensive consultation process with civil society and government agencies, and Ireland looks forward to examination by the Committee, to update them on Ireland’s ongoing positive progress to eliminate all forms of racial discrimination.

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