David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Senator for raising this important issue. I am proud to see Ireland becoming a more diverse and open society which is a sign of our place in the world. The Senator made reference to other jurisdictions, but we have much to be proud of in this country. We had the marriage equality referendum. I am not aware of any party or individual in these Houses that uses migration as a political issue. Other countries in which there is hate crime legislation in place have major problems, but we do not. I hear what the Senator is saying about what would happen if we were to start digging, but on the face of it, we have a lot of which to be proud. However, we must be mindful to ensure Ireland is a safe and secure country for everybody where all forms of hatred are rejected emphatically. There is no place in our society for hate crimes and I can assure the House of my commitment and that of the Minister and the Government to ensuring they will be dealt with robustly through the criminal law.

As the Senator will be aware, the Irish Council for Civil Liberties and the University of Limerick have carried out some extremely valuable research into the prevalence and nature of hate crime in this country. Officials of my Department will study their recommendations, with a view to bringing forward concrete proposals. The Minister made this announcement on the release of the report. There is a wide body of existing criminal law which is used to combat hate crimes. Where criminal offences such as assault or criminal damage or public order offences are committed with a racist motive, they are prosecuted through the wider criminal law. The trial judge can take aggravated factors, including racist motivation, into account in sentencing. The Judicial Council Bill will include provisions on sentencing guidelines and sentencing for hate crimes may be considered in that context.

The Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred. "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". Under the provisions of the Act, it is an offence to use words, behave, publish or distribute written material or broadcast any visual image or sound which is threatening, abusive or insulting and intended or likely to stir up hatred. The offences under the Act carry penalties of up to two years imprisonment or a fine of up to €25,400.

An Garda Síochána has put in place a number of measures dedicated to combating hate crimes. The Garda Racial Intercultural and Diversity Office, GRIDO, has responsibility for co-ordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. It is headed up by a very dedicated sergeant who is backed up by an assistant commissioner and they take their work very seriously. The GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Equality and the protection of minorities form important components of the work of my Department. The Minister and I are fully committed to ensuring the proper protections are in place.