Written answers

Tuesday, 28 March 2006

Department of Justice, Equality and Law Reform

Anti-Racism Measures

11:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 400: To ask the Minister for Justice, Equality and Law Reform if consideration has been given to giving legal effect to the United Nations International Convention on the Elimination of All Forms of Racial Discrimination; and if he will make a statement on the matter. [12103/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 401: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to and if he will provide a list of EU partners who have passed domestic legislation giving legal effect to the UN's International Convention on the Elimination of All Forms of Racial Discrimination; and the year of same. [12104/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 402: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to each of the 20 concerns and recommendations regarding Ireland's compliance with the UN's International Convention on the Elimination of All Forms of Racial Discrimination as noted in the concluding observations of the committee on the elimination of racial discrimination; and the action he intends to take on each. [12105/06]

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 403: To ask the Minister for Justice, Equality and Law Reform if consideration has been given to adopting, in particular item 1, the concluding observations of the committee on the elimination of racial discrimination, which recommends introducing into Ireland's criminal code a provision that committing an offence with a racist motivation or aim constitutes an aggravating circumstance allowing for more severe punishment. [12106/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 400 to 403, inclusive, together.

Ireland ratified the UNCERD Convention in 2000 and was one of the countries that opted for the Article 14 provision, which allows a right of individual petition to the United Nations, all local remedies having being exhausted. In terms of giving legal effect to the convention, I draw the Deputy's attention to sections 97 to 101 of Ireland's first and second report to the UNCERD committee on the implementation of the convention, which address the issue of international human rights law in the Irish legal framework.

As expounded before the UNCERD committee, Ireland is satisfied that the rights and protections afforded by domestic legislation, and in particular the Employment Equality Act 1998, the Equal Status Act 2000, the Prohibition of Incitement to Hatred Act 1989 and the Offences against the State Act 1939 are in substance those rights and protections afforded by the convention and that accordingly, in substance, Irish citizens enjoy the protection of the convention.

As the Government made clear in the course of its positive dialogue with the UNCERD committee in Geneva in March 2005, we are happy to co-operate with the UNCERD committee in ensuring that our obligations under the convention are met. Following that dialogue the UNCERD committee issued its concluding observations on Ireland's first and second report. The committee welcomed, in particular, the launch of our national action plan against racism; the establishment of several independent institutions with competence in the field of human rights and racial discrimination; Ireland's comprehensive legislative framework in the anti-discrimination area; the decision to include a question on ethnicity in the next census; the fact that the State has made a declaration under Article 14 of the UNCERD and specific initiatives taken with regard to the Traveller community, including the national strategy for Traveller accommodation and the Traveller health strategy.

The Government notes the concerns and recommendations made by the committee and has given its assurance to the committee that it will work closely with its follow-up co-ordinator, Mr. Morten Kjaerum, on the issues raised by the committee. Many of the recommendations of the UNCERD committee are being addressed in the context of the national action plan against racism which forms the cornerstone of the Government's anti-racism and diversity policy.

I have recently written to Mr. Kjaerum to inform him that I will be glad to facilitate his visiting Ireland as part of the follow-up process. I expect that such a visit will take place in the next few months. As part of the process my Department will prepare a short report addressing progress on the recommendations in the concluding observations which will be forwarded to the committee secretariat and subsequently made available publicly.

With the support of the national action plan against racism, I have added to the Department's ongoing review of incitement to hatred legislation by commissioning research into racism and the criminal law which is being carried out by the law school in the University of Limerick and is due to be completed mid-2006. The research will look at issues around definition of hate crimes and aggravated sentencing. The internal laws of other states on the question of UNCERD are not matters on which I can advise Deputies.

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