Dáil Éireann Debate, Tuesday - 24 July 2018
750. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if legislation is being considered to address hate crime as reported by the IHREC; and if he will make a statement on the matter. [32924/18]
Amharc ar fhreagraMinister Stanton and I are committed to ensuring that Ireland is a safe and secure country for all those who live here and that racism, homophobia and all forms of discrimination are not tolerated. Important research into the issue of hate crimes in Ireland has been carried out by the Irish Council for Civil Liberties and the University of Limerick, and their recommendations will be given careful consideration.
Currently, the Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnic or sexual orientation. Under the provisions of the Act, it is an offence to use words, behave, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or are likely, to stir up 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. “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.”
In addition to the 1989 Act, the criminal law also addresses crimes motivated by hate. Where criminal offences such as assault, criminal damage, or public order offences are committed with a racist motive, they are prosecuted as generic offences through the wider criminal law and the trial judge can take aggravating factors, including racist motivation, into account at sentencing.
The provisions of the 1989 Act are currently under review within my Department and this work will have regard to the views of stakeholders and the recent report of the ICCL and the University of Limerick as they relate to that Act and the legislative provisions by which other hate crime offences are prosecuted.
