Alan Shatter (Dublin South, Fine Gael)

The Deputy is correct that judges have discretion but, in determining sentencing with regard to any crime once there is a conviction, a judge should take into account the overall background circumstances. Certainly, where there are aggravating circumstances, be they related to a racist motive, incitement to hatred or other matters, one would expect the Judiciary to take them into account. However, the Judiciary is independent and exercises a discretion based on the overall circumstances of the case as to what type of sentence to impose. It would be particularly difficult in legislation to delineate one particular matter - racism - as an aggravating factor and not to delineate a broad range of others. I am sure Deputy O'Brien could, in a few moments, think of a number of other aggravating circumstances in the perpetration of a crime. Therefore, unless we are going to enact legislation that tries, in a Schedule, to delineate every possible combination and permutation of aggravating circumstances, there is a difficulty.

I have detailed statistics and will furnish a copy of them to the Deputy in writing. I will give him a flavour of them by outlining the numbers of reported racist crimes in each year in the period 2003 to 2010: 2003, 64; 2004, 68; 2005, 100; 2006, 173; 2007, 214; 2008, 172; 2009, 128; and 2010, 122. I have statistics on what I would describe as racist incidents broken down into various categories for each of these years, covering everything from minor assault to assault causing harm and offences under the Prohibition of Incitement to Hatred Act. I will make those statistics available to the Deputy.

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