Seán Power (Kildare South, Fianna Fail)

I thank the Deputy for raising this matter and I am aware of recent media reports on the issue. I am deputising for the Minister for Justice, Equality and Law Reform, who is unavailable. The Minister has asked me to assure the Deputy that he shares his concern, as well as that of the public in general, about attacks on minority members of our population.

The Prohibition of Incitement to Hatred Act 1989 created an offence of publishing or distributing material or using words or behaviour that are threatening, abusive or insulting and are intended, or are likely, to stir up hatred. "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 Traveller community or sexual orientation. Public incitement to racial hatred is a criminal offence under section 2 and section 3 of the 1989 Act in terms of material, written or oral, which is threatening, abusive or insulting.

The previous Minister for Justice, Equality and Law Reform announced a review of the incitement to hatred legislation at a time when few, if any, successful prosecutions had been taken under the Prohibition of Incitement to Hatred Act 1989. One of the aims of the review was to ascertain whether problems with the Act were contributing to this lack of prosecutions and, if so, whether any reasonable changes to it could remedy that. Since the review was announced a number of successful prosecutions have been taken under the 1989 Act and, where appropriate, under public order legislation or Córas Iompair Éireann by-laws. These trends are being monitored as part of the ongoing review and if maintained could have a significant influence on the outcome of the review and any subsequent proposals for legislation.

The Criminal Justice (Public Order) Act 1994 created an offence with regard to using or engaging in threatening, abusive or insulting behaviour in a public place. It also created an offence of distributing or displaying in a public place, material which is threatening, abusive, insulting or obscene. The Garda authorities, conscious of the importance of recording and monitoring incidents that are motivated by racism, sectarianism, homophobia, xenophobia and anti-Semitism, have, since October 2002 and through the PULSE system, put in place a mechanism to record and gather information on racist incidents and offenders nationwide. The Garda racial and intercultural office, which was established in 2001, coordinates, monitors and advises on all aspects of policing in the area of ethnic and cultural diversity. Personnel at that office monitor all incidents to ensure that the PULSE system accurately records all such offences. Where such incidents occur, the Garda Síochána ensures that an investigation is pursued with reference to the Criminal Justice (Public Order) Act 1994 and the Prohibition of Incitement to Hatred Act 1989, which are the main relevant legislative instruments pertaining to hate crime.

The Garda Síochána Bill 2004 emphasises the importance of upholding human rights in the performance by gardaí of their functions. The Bill also provides for a revised form of declaration for persons joining the force, which specifically refers to the need to have regard for human rights in carrying out policing duties. The Minister has also made provision in this Bill for the establishment of a code of ethics for the Garda Síochána. The purpose of the code of ethics will be to lay down standards of conduct and practice for members. The Minister would like to congratulate the Commissioner for commissioning the Garda human rights audit and for publishing the audit, which identifies certain shortcomings in respect of the force, in an open and transparent manner. In response to the findings and recommendations of the consultants, the Commissioner is drafting a comprehensive action plan to respond to the shortcomings identified.

This action plan will put human rights to the fore in all aspects of the management and operation of the Garda Síochána. An assistant commissioner, who is head of human resource management, has been given specific responsibility to monitor, oversee and ensure the implementation of all aspects of the report. The Minister understands that at a recent management seminar at the Garda College, Templemore, senior officers at chief superintendent and commissioner rank received an extensive briefing on the audit and the action plan.

More generally, and underpinning the Government's commitment to accommodate and respect cultural diversity, the Government published its national action plan against racism in January this year. The overall aim of the plan is to provide strategic direction to combat racism and to develop a more inclusive, intercultural society based on a commitment to inclusion by design — not an add-on or afterthought, but based on policies that promote interaction, equality of opportunity, understanding and respect.

One of the key objectives of the plan is to provide effective protection and redress against racism, including a focus on discrimination, threatening behaviour and incitement to hatred. Clearly, the Garda has a very important role in this and considerable work has been done by it, including the establishment of the Garda racial and intercultural office, the appointment of 145 ethnic liaison gardaí and the development of training methods for policing a more diverse society.

Garda management is satisfied that the areas frequented by members of the gay, lesbian, bisexual and transgender community, GLBT, are adequately policed. The policing requirements in these areas are reviewed on an ongoing basis so as to enable a response to any particular eventuality should the need arise. I assure the Deputy that the Minister will not tolerate any attacks on minority members of society. There is no place in our society for people who carry out this type of crime.

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