Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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994. To ask the Tánaiste and Minister for Justice and Equality the number of serving gardaí who have had complaints against them, upheld and not upheld, in the past ten years, by the number of complaints, in bands of five, in tabular form. [17513/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is the body established by law to investigate complaints against members of An Garda Síochána. As Minister, I have no role in any GSOC investigation.

I am advised by GSOC that due to the nature of their recording of investigations it is not possible to extract a specific figure for the number of serving Garda members subject to complaint.

I wish to inform the Deputy that the number of complaints received by GSOC each year, and the outcomes of the investigations into these complaints, are published in GSOC's annual reports. Please note that these annual reports are published on the GSOC website. 

Ivana Bacik (Dublin Bay South, Labour)
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997. To ask the Tánaiste and Minister for Justice and Equality the progress which has been made following the roll-out of Operation Citizen; and if there are plans to expand the project. [17619/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including for all operational policing decisions. As Minister, I have no role in such matters.

Operation Citizen was commenced with a view to assuring people that Dublin City is safe through high visibility patrolling and community engagement. The Operation commenced in October 2021 for the purpose of providing reassurance to citizens, visitors and the business community that Dublin city centre is a safe place in which to visit, conduct business, socialise and enjoy its amenities.

The aim of the operation is to deliver an enhanced high visibility policing presence in the city centre on a daily basis. Operation Citizen focuses on a collaborative community and stakeholder engagement approach, recognising that many of the issues that manifest themselves in the core city centre, require a response that reaches beyond the Garda Síochána alone.

An Garda Síochána continue to positively engage with key stakeholders including Dublin City Council, business groups, the hospitality sector and voluntary bodies in addition to the formal collaboration within the Dublin City Centre Business Forum, the North Inner City Local Community Safety Partnership (LCSP), the Dublin Central Joint Policing Committee (JPC) and the High Level Street Issues Working Group.

I am informed by the Garda Authorities that Gardaí assigned to Operation Citizen continue to be deployed on beat patrol. I am informed that on a daily basis there are eight (8) mobile patrols patrolling the core city centre for each tour, assigned from both Store Street and Pearse Street Garda Stations.  Where a requirement arises, mobiles assigned to the Bridewell, Mountjoy, Kevin Street and the wider DMR also provide a response capability.

The Garda Station on O'Connell Street, which was officially opened on 10 March 2023, provides a base for the deployment of members assigned to Operation Citizen and also a centre for members of the public to call to report a crime, seek advice or speak to a member of An Garda Síochána. The Irish Tourist Assistance Service (ITAS) also provides a presence in the location for the purpose of providing additional assistance and advice to the general public and visitors to the city centre. While the premises is not designated as a place of detention, it operates as a Garda Station with full services available to members of the public.

I am also informed that Garda Members of the Garda Mounted, Garda Dog Unit, Armed Support Unit and DMR Roads Policing Unit support Operation Citizen by way of high visibility beats and mobile patrols, particularly at weekends and in support of organised events.

Since the commencement of Operation Citizen in October 2021, there have been 11,659 individual proactive foot and mountain bike patrols undertaken as part of the operation. During the same period, 11,240 persons have been arrested, 19,241 charges have been preferred and 8,790 summons issued in respect of offences detected in both the Store Street and Pearse Street Garda Districts.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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998. To ask the Tánaiste and Minister for Justice and Equality if he is aware that gardaí are informing victims of racist abuse and attacks that An Garda Síochána cannot deal with such crime because of the lack of hate-speech laws in the State; if he can clarify that the Garda is aware and trained in current legislation when dealing with attacks on people that are compounded by racist motivation; and if he will make a statement on the matter. [17675/23]

Simon Harris (Wicklow, Fine Gael)
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I am informed by the Garda authorities that An Garda Síochána is very clear on its position in relation to racist abuse or other types of hate crimes. They will not be tolerated.

Garda policy states: “Reports of hate crimes or hate incidents will be recorded and investigated as appropriate, where it is perceived that the perpetrator’s hostility or prejudice against any person, community or institution is on the grounds of the victim’s age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender”.

Hate speech laws have been in place in Ireland for over thirty years. The Prohibition of Incitement to Hatred Act 1989 prohibits threatening, abusive or insulting conduct that is intended or likely to stir up hatred against a group of persons on account of certain characteristics, such as race, religion and sexual orientation.

These laws are being updated in new legislation published by Minister McEntee last October which addresses both hate speech and hate crime. The new law – the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 – is currently before the Oireachtas and it is my intention that it will be enacted this year. Once enacted the Bill will criminalise 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, and will create new “hate crime” offences where specific offences are aggravated by hate of a protected characteristic.

Up to now, hate speech incidents have been investigated by An Garda Síochána under the 1989 Act, while hate crimes have been investigated and prosecuted under general criminal law, but with the hate motive taken into account by judges as an aggravating factor at sentencing. The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will ensure that hate-motivated offences in our communities can be prosecuted as hate crimes; and the hate element therefore will be reflected in the charge and conviction.

In addition, An Garda Síochána has made a number of significant advancements which allows for the professional recording and investigation of hate-related offences. These include the: 

• introduction of working definitions for hate crime and hate incidents based on perception- based recording - the perception of the victim or other relevant person is the defining factor at the reporting stage. No additional evidence is required;
• Launch of Garda Online Hate Crime Reporting Service (2021);
• Publication of regular hate crime data;
• Internal Hate Crime Communications Strategy (2021);
• Public Hate Crime Media Campaign “Hate Crime is Unacceptable – Let’s Stop Hate Together” ( 2021);
• Updated recording and monitoring systems and the publication of new Policy and Procedures - Responding to Hate Crimes and Non Crime Hate Incidents;
• Introduction of mandatory Hate Crime training for all Garda personnel across every rank and grade and specialist training for personnel working more closely with victims of hate crime; and
• Ongoing training of Garda Diversity Officers (GDOs). There are currently 481 GDOs who are trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities.