Written answers

Tuesday, 21 June 2022

Department of Justice and Equality

Departmental Data

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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668. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that there have been 511 violent attacks on trans sex workers to date in 2022; her plans to address this; if these attacks are recorded specifically as attacks on trans sex workers; and if she will make a statement on the matter. [32150/22]

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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706. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that there have been 511 reported attacks on people who identify as trans sex workers in 2022 (details supplied); the actions that are being taken by her Department to address violence against trans sex workers; and if she will make a statement on the matter. [32647/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 668 and 706 together.

I strongly condemn the actions of the small minority who subject others to abuse or attack resulting from their own prejudice. In recent months we have seen vicious crimes take place. These types of attacks cannot, and will not, be tolerated.

We live in a diverse and welcoming country and our laws and values should reflect this. In the coming period I will publish, subject to Government approval, the Criminal Justice (Hate Crime) Bill which will legislate against hate crime and hate speech and help to ensure that Ireland is safe, fair and inclusive for all.

The Bill will strengthen the law around hate crime by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic.

The protected characteristics under the Hate Crime Bill include sexual orientation and gender.

Aggravated offences will generally carry an enhanced penalty and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

I am advised by Garda authorities at the Garda National Protective Services Bureau that they are not in a position to provide comment in respect of the statistics supplied as they are not in a position to verify the source or accuracy of this data.

An Garda Síochána are aware that persons who work in the sex trade, whether they identify as transgender or not, may be subject to attacks.

In addressing this, An Garda Síochána employs a victim-focused approach. Personnel assigned to the Organised Prostitution Investigation Unit (OPIU), within the Garda National Protective Service Bureau (GNPSB), maintain regular contact with many Non-Governmental Organisations (NGO’s), who work with persons in the sex trade.

The OPIU also conduct regular safeguarding checks with persons who work in the sex trade, in addition to investigating criminal matters suffered by victim of crime, who work in the sex trade, regardless of their gender identity.

Regarding the recording of violent assault incidents by An Garda Síochána, where a person is a victim of a violent assault, I am further advised that the PULSE system does not specifically record whether the victim works in the sex trade or any other activity.

Also, the PULSE system does not record the victim's sexual orientation or gender identity, other than male or female, unless there is prima facia evidence that the assault may be considered a ‘hate crime’ and motivated by discrimination.

In such circumstances, the incident is given the additional designation of ‘hate crime’ and the appropriate ‘Discriminatory Motive’ section is completed, which identifies age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender as a motive.

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