Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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77. To ask the Tánaiste and Minister for Justice and Equality if he has been in contact with the Garda Commissioner regarding serious threats being made against refugees, the LGBTQI community, anti-racism campaigners and other sections of our society; and if he will make a statement on the matter. [7660/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Garda Commissioner is responsible for all operational policing matters, including monitoring and responding to emerging threats and managing public order. I can inform the Deputy that I am regularly briefed by the Garda Commissioner on a range of matters.

I am assured by the Commissioner that An Garda Síochána keep the distribution of resources to respond to all crime trends under review, including online activity. The Government is committed to supporting An Garda Síochána, and have allocated an unprecedented budget of €2.14 billion for 2023 to ensure the organisation has the resources it needs to fulfil its mission of Keeping People Safe.

This includes provision for -

- recruitment of up to 1,000 new Garda recruits and over 400 Garda staff

- a €5 million increase in the overtime budget for An Garda Síochána – to over €100 million - to support high visibility policing to tackle crime and anti-social behaviour

- €6 million for new ballistic vests to protect frontline Gardaí

- €3 million to start procurement of body worn cameras

- an extra €11 million for new Garda mobile devices, apps and specialist equipment

- an extra €21 million for ICT capital in 2023

- €10 million investment in the Garda fleet to upgrade 270 cars

Gardaí have also been monitoring protests and public meetings on the topic of immigration over the past weeks, and while I am aware there is a small minority whose intentions are to create division and are engaging in intimidation rather than protest at these events, I feel it is only fair to point out that over the past year, communities across Ireland have demonstrated great solidarity to those who come here.

While the Garda Commissioners' responsibility for operational policing matters includes the monitoring of protests with regard to public order, I am informed by Garda authorities, that as with any protest, the policing approach is predicated on keeping people safe, preventing any anti-social and criminal behaviour and traffic management, where appropriate. We have seen how An Garda Síochána will deploy an increased presence where they deem it necessary. An Garda Síochána continue to provide an effective policing response to known and impromptu protests to ensure public safety.

While people have the right to protest and of course that right must be respected, people do not have the right to do this in a way that causes others to fear for their safety or in a way that threatens public order. If that line between protesting and threatening or intimidating behaviour is crossed there are a number of provisions in our laws that apply.

Our public order legislation criminalises offensive behaviour in a public place as well as engaging in threatening, abusive or insulting behaviour in a public place. It is also an offence to distribute or display in a public place any material which is threatening, abusive, insulting or obscene and of course it is an offence to fail to comply with a direction of a member of AGS.

In addition, it may interest the Deputy to know that the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, which is currently before the Houses, will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic.

Offences aggravated by hatred will carry an enhanced penalty and the record of any conviction for such an offence will clearly state that the offence was a hate crime. Creating these new offences will mean that a crime can be investigated from the beginning as a potential hate crime by the An Garda Síochána and evidence of the hate element can be presented (and challenged) in court.

The Bill will also strengthen the law around incitement to hatred - or hate speech – by reflecting the current context more accurately; including online hateful content. The new legislation will modernise the existing Prohibition on Incitement to Hatred Act 1989 by criminalising any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic.

The protected characteristics that underpin the new legislation are race; colour; nationality; religion; national or ethnic origin; descent; gender (including gender expression or gender identity); sex characteristics; sexual orientation; and disability.