Written answers
Tuesday, 7 November 2023
Department of Justice and Equality
Legislative Measures
Michael Healy-Rae (Kerry, Independent)
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807. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 402 of 24 October 2023, how An Garda Síochána will decide whether to charge someone for the crime of incitement to hatred, i.e., on what basis it is decided if hatred, specifically, has been incited; and if she will make a statement on the matter. [47695/23]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister for Justice, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach.
I am advised by the Garda authorities that An Garda Síochána will only charge a person with an offence of incitement to hatred when directed to do so by the DPP.
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