Dáil Éireann Debate, Tuesday - 13 November 2012
484. Deputy Niall Collins asked the Minister for Justice and Equality his plans to review the 1989 Incitement to Hatred Act; when this review will take place; his views on the need to legislate for hate crimes; and if he will make a statement on the matter. [49662/12]
Amharc ar fhreagraUnder the Prohibition of Incitement to Hatred Act 1989, it is an offence, inter alia, 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". The State's prosecutorial authorities have not brought to my notice any difficulties in bringing prosecutions under the 1989 Act.
In addition to the foregoing legislation, where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences though the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing.
A review of the 1989 Act was concluded in December, 2008 with the publication of research entitled "Combating Racism and Xenophobia through the Criminal Law" by the Centre for Criminal Justice, University of Limerick. The research was commissioned by the National Consultative Committee on Racism and Interculturalism and the National Action Plan Against Racism steering group.
The report made only one recommendation regarding the criminal law - the introduction of racially aggravated sentencing. It stated that changes in the criminal law would be insufficient by themselves to address racism. The authors commented that it was clearly established, at both the national and international level, that greater dividends would ensue from more substantial investment in social and education measures.
The introduction of racially aggravated sentencing would involve a restructuring of penalties for basic criminal offences (assault or criminal damage, for example) to increase sentences, and have wider implications for the criminal law. There are numerous other factors which can be considered aggravating.
In this jurisdiction, the legislature enacts criminal laws which usually provide for maximum penalties in the form of a fine or imprisonment, or both. In general, there are no statutory sentencing guidelines. Within our legislative framework, the determination of penalty in any individual case is largely a matter for the trial judge, taking case law, including appealed cases, into account. This allows the courts to take all the circumstances of the offence and all the relevant aggravating and mitigating factors into account. The gravity of the offence, the facts surrounding the commission of the offence, the criminal record of the accused and the impact on the victim are among the critical factors taken into account before a sentence is imposed. The judge must take into account the circumstances of the offence and the offender. Moreover, the Director of Public Prosecutions can appeal against the sentence imposed if she believes it to be unduly lenient.
In all the circumstances, I have no plans, at present, for legislative initiatives in relation to hate crime. However, more generally, the Government is committed to a strategic review of penal policy. This review is underway and will include an examination of sentencing.
