Oireachtas Joint and Select Committees

Wednesday, 12 April 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Criminal Justice (Aggravation by Prejudice) Bill 2016: Discussion

11:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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I thank Deputy O'Loughlin for attending. It is a good example of new politics - which generally does not work in here - that we can work together to bring forward this Bill which is in all of our interests. A huge amount of work has been done since the Bill passed Second Stage. It is an excellent example of the coming together of Deputies, with some interested parties in academia, to advance conditions for people living in Ireland. It is to be welcomed. The work done has reflected many of the concerns raised on Second Stage. It is important we get through the scrutiny elements so we can bring it to Committee Stage. I am conscious there was a money message attached to the Bill. The Minister was supposed to say today if the Bill required a money message and if the Government will give one. As a minimum we should be saying we want that, that the committee has done its homework and is only waiting for the money message so the Bill can proceed to Committee Stage. It is important.

I am interested in the issue of the new offences. It is important that these crimes are recorded and monitored. It is essential going forward. There was a discussion on how the motivation of a crime might be dealt with. Perhaps it is a debate for Committee Stage. What is the difference, for example, between a racially motivated assault where it is quite clear the assault was initiated as a race hatred issue and an assault that is already under way when an element of racism is introduced in the middle of it? How is that dealt with? The fact that the person introduces racism in the course of the assault is reflective in some ways of internalised racism. It touches on the point Deputy O'Callaghan made. Is it just a remark in the heat of battle or is it the motivation? How do we deal with that? The assault itself will presumably be prosecuted but will the hate element be prosecuted? They are the types of issues that need to be addressed. I think we know where we are going and we can certainly do it.

I thank Deputy O'Loughlin for taking the time to come in today.