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Dáil Éireann díospóireacht -
Wednesday, 30 May 1990

Vol. 399 No. 4

Ceisteanna-Questions. Oral Answers. - Newspaper Article.

Michael D. Higgins

Ceist:

28 Mr. M. Higgins asked the Minister for Justice if he will take any action following the publication of a grossly offensive and racist article (details supplied); and if he will make a statement on the matter.

The Prohibition of Incitement to Hatred Act, 1989, makes it an offence to incite 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. I have no functions under the Act.

Where a person is suspected of having committed an offence under the provisions of the incitement legislation, proceedings, other than a charge or any remand, can be taken only by or with the consent of the Director of Public Prosecutions. It is open to any person to bring an alleged breach of the provisions of the Act to the notice of the Garda Síochána or the Director of Public Prosecutions.

In view of the fact that this remark originated outside the State, may I ask the Minister if he is prepared to take up the matter with the British Government or their representative in this country in so far as it referred to a very high ranking Irish clergyman who is now deceased?

I felt very strongly about this article but it would not be appropriate, for me, as Minister, to initiate a complaint in this area. It is properly a matter for any individual who believes that the provisions of the Act have been breached to bring it to the notice of the Garda Síochána or the Director of Public Prosecutions. With regard to taking up the matter with the British authorities, I will bring to the notice of my colleague, the Minister for Foreign Affairs, the point raised by the Deputy to see what can be done.

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