Charles Flanagan (Laois-Offaly, Fine Gael)
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The Deputy will appreciate that Ireland does not currently have specific legislation dealing with hate crime, although a hate motive is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing for any criminal offence.

In addition, the Prohibition of Incitement to Hatred Act 1989 Act prohibits certain forms of threatening, abusive or insulting conduct that are intended or likely to stir up hatred against a group of persons on account of certain characteristics. These characteristics are race, colour, nationality, religion, ethnic or national origins, membership of the travelling community and sexual orientation.

In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. The Director of Public Prosecutions is independent in the exercise of her functions.

The information requested by the Deputy potentially covers a number of circumstances and relates to a significant period of 5 years. I have requested relevant information including from the Garda authorities and the Courts Service on this matter and I will write directly to the Deputy when it is received.

The Deputy will be aware that work is underway in my Department to prepare legislation specifically dealing with hate crime and hate speech.