Alan Shatter (Dublin South, Fine Gael)

Under our criminal law, it is an offence, inter alia, to use words, to publish or distribute written material, or to broadcast any visual images or sounds that are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred. The word "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". All of these offences are contained in a single enactment, the Prohibition of Incitement to Hatred Act 1989. The State's prosecutorial authorities have not brought to my notice any difficulties in bringing prosecutions under the 1989 Act.

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. The trial judge can take aggravating factors, including racial motivation, into account at sentencing. In all the circumstances, I do not believe there is a need for consolidation of legislation or any other legislative initiatives in this area.

With regard to combating racism through other means, many of the initiatives which were instigated through the National Action Plan against Racism 2005-2008 continue to be developed and progressed through the support and work of the Office for the Promotion of Migrant Integration. For example, an arts and culture strategy and an intercultural education strategy were launched in September 2010, and a workplace diversity strategy is ongoing.

The focus now is on implementation of sectoral strategies. The Office for the Promotion of Migrant Integration continues to work with many sectors, for example, An Garda Síochána, local authorities, sports bodies, Departments, the social partners and broader civil society, including cultural and ethnic minorities, to further progress the integration and diversity management agenda.

Additional information not given on the floor of the House

Let me pick just a few examples of recent anti-racism initiatives. Substantial funding has been provided to local authorities around the country. The funding supports local programmes that educate the public on issues such as immigration, integration and anti-racism. For instance, Dublin City Council ran an anti-racism campaign on the Dublin transport system in 2010 and 2011 using funding provided by the Office for the Promotion of Migrant Integration. Similarly, that office funded a non-governmental organisation called Show Racism the Red Card to run a creative competition for school children in 2010 and 2011. Funding has been also provided to the Holocaust Educational Trust for educational initiatives that teach children the dangers of racism and the importance of integration and tolerance.

The criminal law, on its own, is not sufficient to address racism. Other interventions are equally, if not more, important. The non-legislative actions I have mentioned represent substantial investment in social and educational measures and have the potential to reap greater dividends than criminal law measures.

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