Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The Minister noted that there are two legislative areas of relevance in terms of hate crime, namely, crime being aggravated by the targeting of a specific group, and the Prohibition of Incitement to Hatred Act 1989. The latter legislation is inadequate although its provisions are still relevant. We need to remind all people, particularly those in the political domain, that it is a criminal offence to publish written material that is threatening, abusive or insulting and is intended or likely to stir up hatred against groups because of their race, colour, religion or national origin. That should be brought to the attention of certain figures in the Minister's party, given their recent utterances.

I refer to the legislation which provides for hate crime to be taken account of as an aggravating factor. It is important to point out that there have been many promises to review hate crime legislation or put new legislation on to the Statute Book. As far back as 2000, the then Minister for Justice, Equality and Law Reform, former Deputy John O'Donoghue, stated his Department was reviewing the effectiveness of laws on incitement to hatred. A review was carried out by the University of Limerick in 2008. In reply to a parliamentary question tabled in 2016, the former Minister for Justice and Equality, Frances Fitzgerald, stated there would be a review of the 1989 Act. It is important that we take that into account and get an answer from the Minister on when this legislation will be brought forward. A public consultation has recently been announced. When are we likely to have a proposal from the Department?

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