Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

We must be more considerate and tolerant of one another.

I thank Senators Mac Conghail and Zappone and their colleagues for tabling this motion. I am attending on behalf of the Minister for Justice and Equality, who Senators are probably aware is taking the Irish Human Rights and Equality Commission Bill 2014 in another part of this building.

Racism has no place in our society. It denies people not only their human rights, but also the respect and dignity they deserve. It is based on notions of superiority that are contrary to all right thinking. Listening to Senator MacSharry, it struck me that we do not want to fall into the camp of being patronising either. People from different backgrounds who come to live in this country want to be treated with respect and equality, but this does not mean that there can be no disagreements on how to proceed. Being able to disagree on an action is actually a mark of respect. Above all else, we must treat people with the respect we expect of them.

People coming to a different country can find themselves isolated. When the Irish went abroad, they usually travelled to countries where they spoke the language. Typically, they stayed together and supported one another to become prosperous. It did not happen for everyone, but it did for many.

My daughter, a postwoman and a tiny person, loves her job, finishes early and goes home to her babies. She once told me a story about a family to which she delivered a letter once every two weeks. It was such an occasion that the family members waited for her. She was the only person from Ireland with whom they spoke in all of that time. On the one hand, this is a significant plus for An Post but, on the other, it marks us down in terms of inclusion.

Therefore, this motion addresses an issue that goes to the core of our sense of ourselves in the context of the new Ireland that has emerged in the past decade or so. The data collected in the 2011 census showed that 12% of our population were migrants who had come to work, live or study here. Ireland has become a much more diverse society and has remained for the most part a nation of welcomes. This is reflected in a relatively low level of reported racist crime. I will deal with this point later, as I have taken Senator Mac Conghail's comments on board. In 2013, 92 such crimes were reported while figures for racist incidents released by the Immigrant Council of Ireland last December, which include incidents not amounting to a crime, reported 142 such incidents in the year to 7 December 2013.

For many generations, our citizens have sought opportunities in foreign lands. Many have prospered in doing so. We now find ourselves in the position of others coming to our shores seeking to avail of the opportunities that this State can provide. We benefit greatly from those skills and the cultural diversity such migrants bring with them just as other countries have benefited from the skills and culture that Irish emigrants have brought to their shores.

Successfully harnessing and managing this diversity is a key opportunity, and a key challenge, for everyone. Ensuring that racism has no place in our newly diversified society will be an important part of that endeavour. We cannot be complacent in this regard. Every citizen has a moral responsibility to help protect those in our society who are subject to actions on the part of others that are offensive or insensitive and to challenge such behaviour.

I will address some of the important issues raised by the motion. In the programme for Government, the Government committed to promoting policies that integrate minority ethnic groups and promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural lives of their communities. This is a commitment that the Government is and will continue to take forward. A key initiative in this regard is the cross-departmental review of Ireland's integration strategy, which is being led by the office for the promotion of migrant integration of the Department of Justice and Equality. That review, building on work already under way across the Government, will provide the basis for a new and updated integration strategy. It is important that the new integration strategy should be geared to current and expected future conditions and drive integration work forward at local and national levels, thus responding to the needs of a diverse Irish society.

A public consultation exercise has already resulted in approximately 80 submissions being received. A number of face to face meetings between officials and parties who have provided material for consideration will take place in the coming weeks and months. Promoting intercultural awareness and combating racism and xenophobia will be an important element of the work of the cross-departmental group. Proposals for better addressing the problem of racism are also among the many issues addressed in the submissions that have been made.

I am aware of the work undertaken by the Joint Committee on Justice, Defence and Equality as regards integration, multiculturalism and combating racism. I look forward to its report on these issues so that it can feed into the work of the cross-departmental group.

I welcome the acknowledgement that effective action to tackle the problem of racism cannot be taken by the State alone. I also welcome the acknowledgement of the important work being done in this regard by the Garda intercultural and diversity office. GRIDO has responsibility for co-ordinating, monitoring and advising on all aspects of policing Ireland's diverse communities and monitors the reporting and recording of hate and racist crime on a continual basis. GRIDO also supports the work of Garda ethnic liaison officers who are in place throughout the country and works with minority communities at local level. Garda ethnic liaison officers work in partnership with minority groups and representative organisations to encourage tolerance, respect and understanding and to help prevent hate and racist crime.

I would also point to the important role that will be given to the Irish Human Rights and Equality Commission to support programmes of activities and projects for the promotion of migrants and other minorities and respect for diversity and cultural difference. As I said, that Bill is currently being debated in the Dáil.
The issue of strengthening the law to combat racism is raised in the motion. This is also an issue raised in the submissions made arising from the review of integration policy. It is important to remember that we have in place a comprehensive legislative framework on racism and discrimination which is, and will continue to be, informed by relevant international conventions and EU legislation. The Prohibition of Incitement to Hatred Act 1989 is directed to addressing the issue of incitement. This Act makes it an offence, inter alia, to use words, publish or distribute written material or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. In addition, offences which are committed with a racist motive can also be prosecuted under the general criminal law, and in this case the principal Acts that can be relevant for this purpose include the Criminal Justice (Public Order) Act 1994, the Non-Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991. The relevant offences under these Acts are relied on where criminal offences such as assault, criminal damage or public order are committed with a racist motive. It is important to remember that in sentencing a trial judge can take aggravating factors, including racial motivation, into account. There is also the possibility of an appeal against the sentence in any case where the Director of Public Prosecutions believes it to be unduly lenient.
Defining common offences of a racist or xenophobic nature as specific offences or introducing aggravated sentencing would have wider implications for criminal law which would need to be carefully considered before changes are made. None the less, the Minister, Deputy Fitzgerald, has indicated her commitment to reviewing and strengthening the legislative framework where possible, including in relation to the 1989 Act. The Minister believes this issue should be considered in the framework of the reviews now under way and will return to this Chamber later in the year to update Senators on this matter. I know Senators are anxious to have a timeframe in this regard and I will do my best to get it for them following this debate.
Legislation to enable enactment of the Council of Europe Convention on Cybercrime is at an advanced stage in the Department. When enacted, this legislation will open the way to ratification of the convention. It will then be possible to consider ratification of the associated protocol on racism and xenophobia. I understand that, subject to confirmation by the Office of the Attorney General, it is likely that existing legislation would allow ratification of the protocol without any further legislative change.
The national action plan against racism was designed to provide strategic direction towards developing a more intercultural and inclusive society in Ireland, and is also integration-driven. Under the plan, support was provided towards the development of a number of national and local strategies promoting greater integration in our workplaces, An Garda Síochána, the health service, our education system, the arts and sports sectors and within our local authorities. The national action plan, therefore, continues to inform ongoing work. Against this background, the Minister will be happy to consider how work begun under the previous national action plan against racism can now best be taken forward, and consideration of this will be informed by the ongoing cross-departmental review of Ireland's integration strategy, to which I have already referred.
The office for the promotion of migrant integration of the Department of Justice and Equality, in consultation with An Garda Síochána, the Central Statistics Office and other relevant bodies, including NGOs, continues to monitor trends in racist incidents. Statistics on racist incidents and information on where to go to report a racist incident continue to be made available on that office's website. The Minister is also aware of the work being done by non-governmental organisations such as the ENAR Ireland, the Immigrant Council of Ireland, the NASC and others in encouraging the reporting of incidents and in providing support to the victims of racist incidents. It is my hope, however, that racism will not be a silent crime, with victims afraid or unwilling to come forward, as it is only through the reporting of incidents that authorities can, as stated by Senator Mac Conghail, take action to ensure that individuals who engage in unacceptable actions are tackled. The Minister is committed to implementing whatever measures can be taken to improve the situation in this regard, including measures directed to improving and, where possible, centralising the reporting and recording of racist incidents in order to ensure the most complete possible picture of the situation. As stated, current reporting and gathering of this type of information and statistics is not good enough. I should, however, stress that the data contained in the Garda PULSE system refer to crime incidents which meet the recording requirements of the Irish Crime Classification System. PULSE is neither intended to be nor suitable as a database of racist incidents generally. Again, the Minister is happy to return to this Chamber later in the year to discuss progress on this front.
It will be clear from what I have said that the Minister is supportive of many of the ideas which inform the motion before the House today. In proposing an amendment we have sought to incorporate those ideas, while taking account of the work now under way on the different aspects of the issue, particularly in the context of the reviews now under way at Government level and in the Oireachtas. All issues raised by Senators, including the need for a strengthening of the criminal law, ratification of the convention and protocol on Cybercrime, taking forward the work begun under the national action plan to combat racism and the reporting and recording of racist incidents, will be further considered and taken into account in the work now under way.
Three central issues have been raised by Senators: the gathering and recording of information; the need for that process to be centralised; and the need for further training of gardaí to whom these crimes are being reported. We have all been present at or witnessed various incidents. In the two incidents I witnessed, I would put money on it that the persons being racially abused at the time, despite having the support of those around them, did not report them. We need to undertake research into the reason a person would consider it not worthwhile to report abuse. The other issues raised relate to legislation, which I heard loud and clear and will bring to the Minister's attention.
As stated, I will seek from the Minister a timeframe in respect of when she will come to this House to update Senators on this matter.