Pauline Tully (Cavan-Monaghan, Sinn Fein)
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445. To ask the Tánaiste and Minister for Justice and Equality the steps that she has taken regarding the implementation of action 15 equality and choice in the National Disability Inclusion Strategy; if she has undertaken a review of the Prohibition of Incitement To Hatred Act 1989; the details of the enhanced protections that have been put in place for persons with disabilities against hate crime; the details of the guidelines that have been developed and implemented for gardaí and other relevant personnel in relation to engagement with persons with disabilities; and if she will make a statement on the matter. [12608/22]

Helen McEntee (Meath East, Fine Gael)
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Hate crimes are signal crimes. They tell the victim that they are not safe simply because of who they are. They send the disgusting message to victims that they and people like them are somehow lesser than the rest of us which is unacceptable.

These crimes are motivated by prejudice. They make victims feel afraid for their future, their friends and their families. They lead to a divided society, where whole communities can feel unsafe and angry. It’s important that we recognize the true harm of these crimes and ensure that our legislative framework can tackle them.

In November of 2020 I announced my intention to bring forward new legislation to combat incitement to hatred and hate crime in Ireland. This announcement followed on from the publication of the results of a widespread consultation process, which included in-depth consultations with various civil society and community groups, academics and experts, a public consultation process and a detailed comparative study of approaches to hate crime in five other jurisdictions. 

The purpose of the extensive consultation was to ensure my Department could identify how Ireland’s law in this area could be improved, informed by a firm understanding of the lived experience of those impacted by hate incidents.

In total, the Department received 3,600 survey responses and more than 175 detailed written submissions.

The conclusions in the report – which were drawn from submissions provided by experts, professional organisations, community and religious groups, civil society and members of the public –are being used to develop new legislation to deal with incitement to hatred and hate crime. 

It should be noted that improvements in our criminal legislation will be one element in a wider suite of measures across all areas of Government, which are designed to address hatred and intolerance in all its forms.

The General Scheme of the Criminal Justice (Hate Crime) Bill 2021 was published on 16 April 2021 and it can be accessed on my Department's website.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The protected characteristics set out in the General Scheme include disability, as well as race; colour; nationality; religion, ethnic or national origin; sexual orientation; and gender. 

I intend to publish the new Hate Crime Bill in the summer. 

I wish to inform the Deputy that I have contacted An Garda Síochána for information on the development of guidelines in the service in relation to action 15 of the National Disability Inclusion Strategy, but they have been unable to furnish me with the information within the allocated timeframe. I will follow up with the Deputy as soon as possible to supply this information.