Cian O'Callaghan (Dublin Bay North, Social Democrats)
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144. To ask the Tánaiste and Minister for Justice and Equality with respect to the May infringement package announced by the European Commission (details supplied) his plans to address INFR(2024)2205 with respect to combatting racism and xenophobia, his intention to bring forward legislation in this area and the timeframe he is working to; and if he will make a statement on the matter. [24818/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Transposition of Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia was formally notified to the European Commission before the deadline in November 2010. In 2014, the Commission published a report on the implementation of the Framework Decision, which outlined concerns over correct transposition in over a dozen EU member states, including Ireland.

A Letter of Formal Notice was received from the Commission in October 2024, setting out its view that Ireland has not fully transposed the Framework Decision, specifically certain elements of Articles 1, 4, 8 and 9 relating, among other things, to criminalising public incitement to violence against a group or a member of such group based on certain characteristics, as well as condoning or denying international humanitarian law crimes such as genocide or crimes against humanity. My Department issued a formal response to the Commission, and continued to engage with respect to the outstanding provisions.

The Criminal Justice (Hate Offences) Act 2024 fulfilled the State’s obligation with regard to certain elements of the Framework Decision; in particular, Article 4, which required measures to ensure that racist and xenophobic motivation is considered an aggravating circumstance and can be taken into account by the courts in sentencing for an offence.

The Commission has now issued a Reasoned Opinion to Ireland in respect of the outstanding articles. Officials in my Department are examining this document and are actively engaging with the Commission on the issues.