Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I assure the Deputy that my Department and I are currently reviewing the law on this issue. We are relying on the 1989 prohibition on incitement to hatred legislation. It is appropriate and timely that it be subject to review. In addition, it is important that we carry out appropriate research and examine legislation and best practice in other countries. We should examine the effectiveness of such legislation. This will inform the Government's approach to this issue. In the meantime, I assure the Deputy that where criminal offences, such as assault, criminal damage and public order offences, are committed with bias or a prejudice motivation, they are prosecuted under the wider criminal law. Trial judges in these circumstances, as in the circumstances I mentioned earlier, can take aggravating factors into account, including whether the offence may be described as a hate crime, whether there is a prejudice motivation or whether there is bias. The forthcoming Judicial Council Bill, which is currently passing through the Seanad, will include provisions on sentencing guidelines. Clearly, hate crimes could be considered in that context.

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