Malcolm Byrne (Fianna Fail) | Oireachtas source

I formally second the proposal. In doing so, I pay tribute to Senator O'Loughlin for her work on this. She has been a passionate campaigner for the rights. I particularly commend her on moving forward with the Bill. Even though there is a commitment to address this matter in the programme for Government, I share her frustration that it has not been given the priority it deserves, particularly in light of the fact that 3,800 written submissions were received in the consultation process relating to the legislation in this area. This is an important issue. Senator O'Loughlin indicated that there is a willingness to work with people on all sides in the House to get the best possible legislation. This is Second Stage, so it is about debating the principles. This is really about us, as a republic, speaking about the things that are important to us and ensuring that people are not discriminated against because of their identity.

When I was growing up as a young gay man, Senator David Norris was somebody who has been inspirational over the years. People will remember the story of Declan Flynn, a young man who was attacked in Fairview Park in Dublin in 1982. Any murder is appalling but the only reason he was killed was because he was gay or perceived to be gay. Senator O'Loughlin has outlined other instances of people who have been attacked in this country simply because of their identity. There is a responsibility on us, as legislators, to take action against criminal behaviour but where the motivation behind that criminal behaviour is driven by a hatred we, as a State and society, have to say it is not acceptable. We have come a long way since Senator Norris had to take the case to the European Court of Human Rights. Ireland has come a hell of a long way but in this area we still need to go further. It is also important, at a time when we see the disgraceful behaviour of the Polish Government towards ethnic minorities and particularly the LGBT minorities, that we need to continue to be a beacon of light in Europe in tackling homophobia.

I also want to pay tribute to the Garda Síochána in respect of its work in this area. As an organisation, it has adapted and transformed how it operates. With regard to people from various ethnic backgrounds and those who are gay, lesbian or bisexual, the Garda has gone the extra mile to understand those who come from minority backgrounds. When hate crimes are committed, gardaí provide as much support as possible to the victims. In circumstances such as these, we need to ensure that there is the power at sentencing level where the only motivation behind the action of the accused is hatred of somebody else. We need to make provision for this extra sentencing power.

I hope that we will work together in the House to achieve the best possible legislation we can but, to me, this is about what we say to those groups in our society that are discriminated against. We are going to say that if the only reason for which they are discriminated against is on the basis of their identity or perceived identity, then we will take a tougher stand.