Dáil Éireann Debate, Thursday - 8 September 2022
1396. Deputy Bríd Smith asked the Minister for Justice if she has discussed with the Garda Commissioner the recent violent attacks including those occurring on public transport on members of the LGBTQ+ community; and if she will make a statement on the matter. [42780/22]
View answerI strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. I can assure the Deputy that I am committed to tackling violence in all its forms and to ensuring that people feel safe and are safe in our communities.
As part of this work I am focused on strengthening hate crime legislation as a priority. We live in a diverse and welcoming country and our laws and values should reflect this.
I will publish the Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill in the Autumn which will deal with both incitement to hatred or violence and hate crime.
Development of the new legislation has been informed by an extensive public consultation undertaken by the Department of Justice in 2020, ensuring the legislation will reflect the lived experienced of those affected by hate crime and hate speech. The bill will repeal the Prohibition of Incitement to Hatred Act 1989 and replace it with new, simpler offences.
The bill will also strengthen the law around hate crime by creating new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic. These protected characteristics are sexual orientation; gender (including gender expression or gender identity); race; colour; nationality; religion; ethnic or national origin and disability.
The Government recently announced a proposal to strengthen the legislation to make it easier to secure convictions through use of an objective “demonstration test” – where guilt can be established if the perpetrator demonstrates hatred at the time of committing the offence, for example, the use of a racial slur, gesture or other evidence of hatred towards the victim – similar to that used in neighbouring jurisdictions.
This is a hugely important piece of legislation that will better support Gardaí in prosecuting and securing convictions for hate crimes and hate speech. It will also, importantly, tell victims of hate crimes that we are determined to help them and will also let perpetrators know that they will be punished for spreading hatred, prejudice and contempt.
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. As Minister, I have no role in such matters.
I can however assure the Deputy that An Garda Síochána's mission of 'Keeping People Safe' extends to all areas of our communities, including public transport. Garda management also engages extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence on our public transport networks through a co-ordinated approach.
I am informed that Garda dispatch staff have relocated to the National Train Control Centre in Heuston Station since mid-August, which will further strengthen the links between Gardaí and public transport operators.
In addition, in January 2022, to further support, enhance and strengthen the strategic and operational objectives of Operation Citizen in Dublin, the Gardaí launched Operation Saul. This operation is designed to provide a safe environment for commuters using public transport services in Dublin together with reassuring citizens, visitors and the business community in Dublin that it is a safe place in which to visit, socialise, conduct business and enjoy all its amenities.
Operation Saul currently operates in the Dublin Metropolitan Region South Central, North Central and South Divisions, and plans are underway to extend this operation to the entire Dublin Region. It is furthermore acknowledged that CCTV can play an important role in the detection of illicit behaviour on public transport. An Garda Síochána have excellent relationships with the public transport providers and good quality CCTV across the networks already assists with relevant Garda investigations.
The Deputy may also be aware of An Garda Siochana’s Operation Twin Tracks. This is a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within Dublin and nationwide, and to deliver crime prevention advice.
There were two days of action under Operation Twin Tracks this summer, the most recent of which was 29 July with Gardaí patrolling the DART, Luas and eight inter-city rail routes to prevent and detect anti-social behaviour.
