Dáil Éireann Debate, Tuesday - 18 April 2023
998. Deputy Bríd Smith asked the Minister for Justice if he is aware that gardaí are informing victims of racist abuse and attacks that An Garda Síochána cannot deal with such crime because of the lack of hate-speech laws in the State; if he can clarify that the Garda is aware and trained in current legislation when dealing with attacks on people that are compounded by racist motivation; and if he will make a statement on the matter. [17675/23]
Amharc ar fhreagraI am informed by the Garda authorities that An Garda Síochána is very clear on its position in relation to racist abuse or other types of hate crimes. They will not be tolerated.
Garda policy states: “Reports of hate crimes or hate incidents will be recorded and investigated as appropriate, where it is perceived that the perpetrator’s hostility or prejudice against any person, community or institution is on the grounds of the victim’s age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender”.
Hate speech laws have been in place in Ireland for over thirty years. The Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of certain characteristics, such as race, religion and sexual orientation.
These laws are being updated in new legislation published by Minister McEntee last October which addresses both hate speech and hate crime. The new law – the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 – is currently before the Oireachtas and it is my intention that it will be enacted this year. Once enacted the Bill will criminalise any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic, and will create new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic.
Up to now, hate speech incidents have been investigated by An Garda Síochána under the 1989 Act, while hate crimes have been investigated and prosecuted under general criminal law, but with the hate motive taken into account by judges as an aggravating factor at sentencing. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will ensure that hate-motivated offences in our communities can be prosecuted as hate crimes; and the hate element therefore will be reflected in the charge and conviction.
In addition, An Garda Síochána has made a number of significant advancements which allows for the professional recording and investigation of hate-related offences. These include the:
• introduction of working definitions for hate crime and hate incidents based on perception- based recording - the perception of the victim or other relevant person is the defining factor at the reporting stage. No additional evidence is required;
• Launch of Garda Online Hate Crime Reporting Service (2021);
• Publication of regular hate crime data;
• Internal Hate Crime Communications Strategy (2021);
• Public Hate Crime Media Campaign “Hate Crime is Unacceptable – Let’s Stop Hate Together” ( 2021);
• Updated recording and monitoring systems and the publication of new Policy and Procedures - Responding to Hate Crimes and Non Crime Hate Incidents;
• Introduction of mandatory Hate Crime training for all Garda personnel across every rank and grade and specialist training for personnel working more closely with victims of hate crime; and
• Ongoing training of Garda Diversity Officers (GDOs). There are currently 481 GDOs who are trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities.
