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Legislative Programme

Dáil Éireann Debate, Wednesday - 29 March 2017

Wednesday, 29 March 2017

Ceisteanna (59)

Noel Rock

Ceist:

59. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality if she will support legislation which would establish hate crime as a specific and punishable crime (details supplied); and if she will make a statement on the matter. [15606/17]

Amharc ar fhreagra

Freagraí scríofa

Any level of hate crime is a matter of concern. The CSO publishes figures for recorded incidents involving discrimination. I expect to receive the final figures for 2016 today, which I will make available to the Deputy, but, in the meantime, I can inform the Deputy that up to the end of quarter 3 of 2016, there were 153 recorded incidents with a discrimination motive.

I would like to assure the Deputy that there are mechanisms in place to deal with hate motivated crime. Where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.

With respect to legislation establishing hate crime as a specific and punishable crime, it is important that any legislation which is introduced will allow for effective prosecution of these type of offences. I would also remind the Deputy of the second stage debate in this House in October last year with respect to a Criminal Justice (Aggravation by Prejudice) Bill which is a Private Member's Bill introduced by Deputy O'Loughlin and Deputy Murphy O'Connor. While there was support for the principle of the Bill, there were a number of concerns raised in respect of the approach proposed and the Deputies sponsoring the Bill undertook to further engage in respect of the proposals therein. I recently received further correspondence from Deputy O'Loughlin in respect of that Bill and I intend to further engage with the Deputies in relation to their proposals.

I would also like to draw the attention of the Deputy to the 2016 Annual Report of the EU Fundamental Rights Agency which found that to address racism and xenophobia, EU Member States should ensure that any case of alleged hate crime or hate speech is effectively investigatied, prosecuted and tried. The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for co-ordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

In addition, the Office for the Promotion of Migrant Integration, an Office of my Department, is the focal point for the Government's commitment on anti-racism as a key aspect of integration, diversity management and broader national social policy. The Office continues to work with all the relevant sectors to further progress the integration and diversity management agenda.

Following the completion of a review of our approach to the integration of migrants the Migrant Integration Strategy was published on the 7th of February, 2017. The Integration Strategy includes an anti-racism component and is available at www.integration.ie.

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