Written answers

Tuesday, 24 May 2016

Department of Justice and Equality

Legislative Programme

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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78. To ask the Minister for Justice and Equality her plans to draft and implement hate-crime legislation, given the recent recommendations contained in Ireland's United Nations' universal periodic review, and recognising that Ireland is amongst a small number of member states of the Organisation for Economic Co-operation and Development without it; and if she will make a statement on the matter. [11449/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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On 11 May, I was delighted to lead the Irish delegation at our Cycle 2 Universal Periodic Review (UPR) interactive dialogue in Geneva. We consider the UPR process, by which the international community holds each UN Member State to account in relation to its individual human rights record, as a real and practical expression of the fact that human rights are not solely of domestic concern, but rather a legitimate concern of the international community.

In this constructive spirit, Ireland engages actively in the UPR of other States and we were pleased that 93 other States took the opportunity to intervene in the UPR of Ireland. I and the members of the delegation that I led listened carefully and with an open mind to all 262 recommendations made during the review of Ireland. We were able to confirm immediately that 152 recommendations have been accepted, 13 recommendations are not accepted and that we will constructively examine the remaining 97 recommendations and provide our responses for the 33rd Human Rights Council session in September 2016.

As mentioned in Ireland’s National and Interim Reports, the Government is firmly committed to combatting and challenging any and all manifestations of racism. We recognise that the impact of hate crime is devastating; being the target of a crime simply for being who you are, or for being perceived as “other” is unacceptable and cannot be tolerated.

There are robust mechanisms in place in legislation to deal with discrimination, hate speech and racist crime. The Prohibition of Incitement to Hatred Act 1989 makes it an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "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".

In addition, where criminal offences such as assault, criminal damage, or public order offences are committed against a person based on their race, religion or belief, the offences are prosecuted as generic offences through the wider criminal law. However, a racist or religious motivation, for example, may be taken into account as an aggravating factor at sentencing.

As Minister for Justice and Equality, I recently approved a review of the Prohibition of Incitement to Hatred Act 1989 in the light of reports by civil society, international obligations and the experience of other jurisdictions, given the age of the legislation, the changes in Irish society and the use of the internet and social media since its enactment. The outcome of this review will inform the case for legislative change.

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