Róisín Shortall (Dublin North West, Social Democrats)
Link to this: Individually | In context | Oireachtas source

335. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce hate crime legislation; and if he will make a statement on the matter. [33070/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Any level of crime that is motivated by hate or prejudice is a matter of concern and figures for recorded incidents involving discrimination are published by the CSO. I can inform the Deputy that, in 2016, there were 308 recorded incidents with a discrimination motive. I would also like to note that 2016 was also the first year in which the CSO figures fully reflect the changes in the recording of crimes with a discriminatory motive, which has expanded the categories of discrimination from four to 11.

I would like to assure the Deputy that there are mechanisms in place to deal with hate motivated crime. Where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity, gender, disability or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.

With respect to legislation establishing hate crime as a specific and punishable crime, it is important that any legislation which is introduced will allow for effective prosecution of these type of offences. I would also remind the Deputy of the second stage debate in October last year with respect to a Criminal Justice (Aggravation by Prejudice) Bill which was a Private Member's Bill introduced by Deputy O'Loughlin and Deputy Murphy O’Mahony. While there was support for the principle of the Bill, there were a number of concerns raised in respect of the approach proposed and the Deputies sponsoring the Bill undertook to further engage in respect of the proposals therein. The Bill proceeded to pre-Committee Stage scrutiny on 12 April this year, and I understand that my Department has engaged with one of the sponsoring Deputies in relation to the concerns regarding the practicality of the proposals.

I would also like to draw the attention of the Deputy to the 2016 Annual Report of the EU Fundamental Rights Agency which found that to address racism and xenophobia, EU Member States should ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried. The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis.

Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.