Alan Farrell (Dublin Fingal, Fine Gael)
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728. To ask the Tánaiste and Minister for Justice and Equality the measures that her Department is undertaking to ensure members of the LGBT+ community are encouraged and supported to make complaints to An Garda Síochána when they have been a victim of crime; and if she will make a statement on the matter. [34342/22]

Helen McEntee (Meath East, Fine Gael)
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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. I will as soon as possible, subject to Government approval, publish the Criminal Justice (Incitement to Hatred or Violence and Hate Crime) Bill to legislate against hate crime and hate speech and help 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. 

The Department of Justice is leading a number of important initiatives to ensure we better support all victims of crime. When a victim of crime begins to engage with the justice system they should know what to expect, be confident they will be treated respectfully and sensitively, know what their legally enforceable rights are and what supports are available at every step in the process.

Central to achieving this is  'Supporting a Victim's Journey' - our plan to implement the recommendations of The O'Malley Review.  Supporting a Victims Journey is an ambitious plan to introduce important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred.

This year, my Department, with the support of the Dormant Accounts fund, will be rolling out awareness raising measures to reach people within marginalised communities in Ireland to inform them of the rights they have under the Victims of Crime Act 2017 and of the Victims Charter. In order to achieve this, my Department will work with various community organisations to adapt various assets and resources for victims of crime.

As the Deputy may be aware, I have today received Cabinet approval for a new whole-of-Government strategy to combat domestic, sexual, gender-based violence. The goal of the strategy is zero tolerance in our society for violence against women and it recognises the need to reflect the lived experiences of particular cohorts of victims/survivors, including LGBTI+ people, and acknowledges the additional risks factors created by overlapping forms of discrimination.

All actors leading on implementing actions as part of the Strategy will be required to consider the issue of access for these groups. This consideration needs to involve inputs from the relevant communities and the specialist and community based support organisations to identify and address any barriers.

Separately, I am informed by the Garda authorities that as part of An Garda Síochána’s ongoing national response to ensure members of the LGBT+ community are encouraged and supported to make complaints to An Garda Síochána when they have been a victim of crime Hate Crime, the Garda National Diversity and Integration Unit (GNDIU) provide assurance to members of the public in relation to reports of hostility or hate-based occurrences. This includes daily monitoring of all recorded Hate Crimes / Incidents on PULSE and Social Media, providing Hate Crime training, supporting investigating members, advising investigations and providing assurance to victims and their communities.

I am further informed that in October 2020, an update to the Garda PULSE system introduced a number of measures to improve the reporting and recording of Hate Crimes and Hate Incidents on PULSE. The introduction of a mandatory hate-related tick box with associated discriminatory motives ensure data is recorded accurately. The introduction of the “H” hate-identifier allows for more efficient recording and analysis of hate-related data e.g. identifying trends, repeat offending and repeat victimisation. This allows for a more victim-focused Garda response.

Discriminatory motives are searchable on the Pulse System which allows for analysis of Hate Crime data specific to victims who were targeted because of their race / ethnicity / colour etc. 

The Garda National Diversity and Integration Unit (GNDIU) forms part of the Garda Community Relations Bureau and has a very positive working relationship with minority communities in Ireland.  

The Garda Diversity and Integration Strategy is externally focused on An Garda Síochána’s relations with the communities that it serves, delivering on the obligations on An Garda Síochána in relation to human rights and equality under Irish, EU law and international conventions. 

Under the National LGBTI+ Inclusion Strategy, An Garda Síochána are working to significantly increase reporting of hate crimes to An Garda Síochána by members of the LGBTI+ community owing to the more open relationship that has been developed. 

A new, non-emergency online hate crime reporting mechanism was launched by An Garda Síochána in July 2021 to improve accessibility to the Garda service for victims of all types of hate crime. It is available via the garda.ie website and provides a safe and secure environment for victims, who may previously have been reluctant to report in person to An Garda Síochána.