Dáil Éireann díospóireacht -
Tuesday, 21 Feb 1995

Vol. 449 No. 4

Written Answers - Prosecutions Statistics.

Eric J. Byrne

Ceist:

126 Mr. E. Byrne asked the Minister for Justice the number of prosecutions that have been taken under the Prohibition of Incitement to Hatred Act; her views on whether the provisions of the Act are sufficiently strong; and if she will make a statement on the matter. [3642/95]

Minister for Justice (Mrs. Owen)

I am informed by the Garda authorities that there have been no prosecutions on indictment under the Prohibition of Incitement of Hatred Act, 1989. Statistics for persons prosecuted summarily under the Act are not readily available.

The Prohibition of Incitement of Hatred Act, 1989, contains extensive measures to deal with incitement to hatred. The Act makes it an offence to stir up hatred, whether orally, in writing or by any other means, against a group of persons in Ireland or any other country on account of their race, colour, nationality, religion, ethnic or national origins, membership of travelling community or sexual orientation. The Act also makes it an offence to prepare or possess any material with a view to its being distributed, broadcast or published in Ireland or any other country if the material is intended or likely to stir up such hatred.

The Act provides for a maximum fine of £10,000 or imprisonment for up to two years, or both. Provision is also made for search warrants in respect of racist material and recordings and the courts can order that such materials and recordings be forfeited and destroyed. In addition, the Garda have the power of arrest without warrant in respect of any person they find inciting hatred against any of the groups of persons protected by the Act.

The 1989 Act is modern and comprehensive and there are no proposals to amend it. If the Deputy has specific proposals, of course, I will be glad to consider them.