Bernard Durkan (Kildare North, Fine Gael)
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47. To ask the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána has adequate powers to deal with hate crimes; if An Garda Síochána has the necessary powers to intervene where law and order prevails and is seen to prevail throughout society regardless of race, creed or colour; the number of incidents, if any, recorded in the past three years which would indicate otherwise; if any action is proposed to respond to any such threats; and if he will make a statement on the matter. [25204/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy is aware, 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. It will also strengthen the law around incitement to violence or hatred - or hate speech – by reflecting the current context more accurately, including in relation to online hateful content.

This is an important Bill which will provide additional security to members of Ireland’s most vulnerable and minority communities, who have lived in fear for too long.

Up to now, hate speech incidents have been investigated by An Garda Síochána under the 1989 Prohibition of Incitement to Hatred 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 new Bill will ensure that hate-motivated offences in our communities can be prosecuted as hate crimes; and the hate element to be reflected in the charge and conviction.

As explained to the Deputy in response to Parliamentary Question 1056 on the 18 April, An Garda Síochána takes hate crime seriously and is strongly committed to engaging with and supporting all members of society, in particular, those from minority groups and diverse backgrounds. The Garda National Diversity and Integration Unit monitor all incidents recorded on Pulse that have a discriminatory motive attached to it and they advise, support and assist investigating Gardaí across the country who are investigating such incidents.

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”.

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

In addition, there are currently 481 Garda Diversity Officers (GDOs) who are trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities.

According to figures based on new recording practices from An Garda Síochána, there were 582 hate crimes and hate related (non-crime) incidents recorded in 2022 - 510 hate crimes and 72 hate related (non-crime) incidents. This represents a 29% increase on 2021.

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. As Minister, I have no role in such matters.

I would like to assure the Deputy that my Department is committed to building stronger and safer communities and implementing policies designed to create a pathway to divert young people away from a life of crime.

I am informed by the Garda Authorities that the count of youth referrals created in each full year 2019 to 2022 and to date in 2023 is as follows:

A youth referral is created automatically when a juvenile is listed as a Suspected Offender for any crime incident.

*This is operational data taken from PULSE on 24 May 2023 and is liable to change.