Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 122: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if it is his intention to introduce strengthened hate crime legislation; and if he will make a statement on the matter. [32402/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Prohibition of Incitement to Hatred Act 1989 offers comprehensive protection to persons having hatred incited against them on account of their race, colour, nationality, religion, ethnic or national origin, membership of the travelling community or sexual orientation.

Public incitement to hatred, on any of the above grounds, is a criminal offence under section 2 and section 3 of the 1989 Act in terms of material, written or oral, which is threatening, abusive or insulting. The hatred can be incited through, for example, the publication or distribution or display of written material or the use of words or behaviour in any place other than inside a private residence where such written material, words or behaviour are threatening, abusive or insulting and are intended or are likely to stir up hatred. It is open to any person to bring an alleged breach of the provisions of the Act to the notice of the Garda Síochána.

The provisions of other Acts such as the Criminal Justice (Public Order) Act 1994, the Non-Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991 can also be used to protect persons and their property against attack, including racist attack.

In the context of a review of the legislation in my Department, I am monitoring the number of racist incidents, those that end up in the courts, the legislation under which persons are being charged and the outcome of proceedings in the courts. A thorough appreciation of the above is essential in deciding what, if any, criminal legislation is required that could offer further protection to persons who are the victims of race crimes. To assist me in the matter the Steering Group of the National Action Plan Against Racism is also assessing the effectiveness of the current legislation and for that purpose arranged for research to be conducted into racism and the criminal law. That assessment and research is being undertaken at present.