Written answers

Tuesday, 3 July 2007

Department of Justice, Equality and Law Reform

Departmental Review

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 505: To ask the Minister for Justice, Equality and Law Reform if the review of the Prohibition of Incitement to Hatred Act, 1989 has been completed; when it will be completed; if there is an estimated publication date; if the Government is taking into consideration the European Commission on Racism and Intolerance recommendation that completion of this review not be incumbent on a future agreement on the draft European Framework Decision on Combating Racism and Xenophobia; and if he will make a statement on the matter. [18558/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Prohibition of Incitement to Hatred Act 1989 is the subject of an ongoing review in my Department. In the context of the review, 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.

As part of the implementation strategy for the Government's National Action Plan Against Racism, my Department is funding research at the University of Limerick School of Law on the adequacy of Ireland's existing legislation relating to offences motivated by racism including that it is adequate in scope and provides for effective, proportionate and dissuasive sanctions. The outcome of this research is expected by the end of August.

The proposal for a European Council Framework Decision on combating racism and xenophobia was presented by the Commission in November 2001. From the outset, Ireland took a positive approach to the negotiations on the proposal. The primary Irish objective in the negotiations was to ensure that our constitutional guarantee of freedom of expression was not compromised. Following extensive discussions, political agreement on the proposal was reached at the meeting of Justice and Home Affairs Ministers on 19/20 April 2007.

The outcome of the review of the legislation will be informed by the provisions in the Framework Decision and the recommendations of the research at present being undertaken.

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