merrion street

Cathaoirleach,

I welcome the tabling of the motion on the issue of racism in the name of Senators Fiach Mac Conghail, Mary Ann O’Brien, Marie Louise O’Donnell, Jillian van Turnhout and Katherine Zappone.

Racism has no place in our society. It denies people not only their human rights but the respect and dignity which they deserve. It is based on notions of superiority which are contrary to all right thinking.

The motion addresses an issue therefore which goes to the core of our sense of ourselves in the context of the new Ireland which has emerged over the past decade or so. The data collected in Census 2011 showed that 12% of our population were migrants who had come to work, live or study here.

Ireland has become a much more diverse society and, I believe, has remained for the most part a nation of welcome. That is reflected in a relatively low level of reported racist crime, ninety two such crimes reported in 2013 while figures for racist incidents released by the Immigrant Council in December last, which would include incidents not amounting to a crime, reported 142 such incidents in the year to 7 December 2013.

For many generations, our own citizens have sought opportunities in foreign lands, and many have prospered in doing so. We now find ourselves in the position where others now come to our shores seeking to avail of the opportunities this State can provide. We benefit greatly from those skills and the cultural diversity those migrants bring with them just as other countries have benefitted from the skills and culture that Irish emigrants have brought to them.

Successfully harnessing and managing this diversity is a key opportunity, and a key challenge for everyone. Ensuring that racism has no place in our newly diversified society will be an important part of that endeavour and we cannot be complacent in making sure that it does not. Every citizen has a moral responsibility to help protect those in our society who are subject to actions on the part of others that are offensive or insensitive and to challenge such behaviour.

Let me now turn to some of the important issues raised by the motion.

Programme for Government

The Programme for Government contains a commitment that this Government will promote policies which integrate minority ethnic groups in Ireland, and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities.

This is a commitment that the Government is and will continue to take forward.

A key initiative in that regard is the Cross-Departmental review of Ireland’s integration strategy which is being led by the Office for the Promotion of Migrant Integration of the Department of Justice and Equality. That review, building on work already underway across Government, will provide the basis for a new and updated integration strategy. It is important that the new integration strategy should be geared to present and expected future conditions and drive integration work forward at a local and national level, thus responding to the needs of a very diverse Irish society.

A public consultation exercise has already resulted in approximately 80 submissions being received and a number of face to face meetings between officials and parties who have provided material for consideration will take place over the coming weeks and months. Promoting intercultural awareness and combating racism and xenophobia will be an important element of the work of the Cross-Departmental Group. Proposals for better addressing the problem of racism are also among the many issues addressed in the submissions that have been made.

I am aware equally of the work underway in the Joint Committee on Justice, Defence and Equality on integration, multi-culturalism and combating racism. I look forward to its report on these issues so that it can feed into the work of the Cross Departmental Group.

Tackling Racism and Promoting Diversity

I welcome the acknowledgment that when it comes to the issue of tackling racism, effective action to tackle the problem cannot be taken by the State alone.

I also welcome the acknowledgement of the important work being done in this regard by the Garda Intercultural and Diversity Office. GRIDO has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities and this Office monitors the reporting and recording of hate and racist crime on a continual basis.

GRIDO also supports the work of Garda Ethnic Liaison Officers who are in place throughout the country and works with minority communities at local level. Garda Ethnic Liaison Officers work in partnership with minority groups and representative organisations to encourage tolerance, respect and understanding and to help prevent hate and racist crime.

I would also point to the important role which will be given to the Irish Human Rights and Equality Commission to support programmes of activities and projects for the promotion of migrants and other minorities and respect for diversity and cultural difference.

Legislative Framework

The issue is raised in the motion of strengthening the law to combat racism. This is also an issue which has been raised in the submissions which have been made arising from the review of integration policy.

It is important to remember that we have a comprehensive legislative framework in place directed to racism and discrimination which has been informed, and will continue to be informed, by relevant international Conventions and EU legislation.

The Prohibition of Incitement to Hatred Act (1989) is directed to addressing the issue of incitement.

This Act makes it an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred.

In addition, offences which are committed with a racist motive can also be prosecuted under the general criminal law and in this case the principal Acts which can be relevant for this purpose include the:

· Criminal Justice (Public Order) Act 1994

· Non-Fatal Offences Against the Person Act 1997

· Criminal Damage Act 1991

The relevant offences under these Acts are relied on where criminal offences such as assault, criminal damage or public order offences are committed with a racist motive. It is important to remember that, in sentencing, a trial judge can take aggravating factors, including racial motivation, into account at sentencing. There is also the possibility for an appeal against the sentence in any case where the Director of Public Prosecutions believes it to be unduly lenient.

Defining common offences a of a racist or xenophobic nature as specific offences or introducing aggravated sentencing would have wider implications for the criminal law which would need to be carefully considered before changes are made.

Nonetheless, Minister Fitzgerald has indicated her absolute commitment to reviewing and strengthening the legislative framework where possible, including in relation to the 1989 Act.

The Minister believes this issue should be considered in the framework of the reviews now underway; and the Minister will return to this chamber later in the year to update Senators on this matter.

Council of Europe Convention on Cyber Crime

Legislation to enable enactment of the Council of Europe Convention on Cybercrime is at an advanced stage in my Department. That legislation will, when enacted, open the way for the ratification of the Convention. It will then be possible to consider ratification of the associated Protocol on Racism and Xenophobia. I understand that, subject to confirmation by the Office of the Attorney General, it is likely that our existing legislation would allow ratification of the Protocol without any further legislative change.

National Action Plan to Combat Racism

The National Action Plan Against Racism was designed to provide strategic

direction towards developing a more intercultural and inclusive society in

Ireland and was also integration driven. Under the Plan, support was

provided towards the development of a number of national and local

strategies promoting greater integration in our workplaces, in An Garda

Síochána, the health service, in our education system, in the arts and

sports sectors and within our local authorities. The National Action Plan

therefore continues to inform ongoing work.

The Minister will be happy against that background to consider how work

begun under the previous National Action Plan Against Racism can now best be

taken forward and consideration of this will be informed by the ongoing

Cross-Departmental review of Ireland’s integration strategy which I have

already referred to.

Recording of Racist Incidents

The Office for the Promotion of Migrant Integration of the Department of Justice and Equality also continues to monitor trends in racist incidents in consultation with An Garda Síochána, the Central Statistics Office and other relevant bodies including NGOs. Statistics on racist incidents and information on where to go to report a racist incident continue to be made available on the Office’s website.

The Minister is also aware of the work being done by the non-Governmental organisations such as ENAR, the Immigrant Council of Ireland and NASC and others in encouraging the reporting of incidents and in providing support to the victims of racist incidents.

It is my hope, however, that racism will not be a silent crime where victims are afraid, or unwilling, to come forward, for it is through the reporting of incidents that authorities can take action to ensure that individuals who engage in unacceptable actions can be tackled.

The Minister is committed to implementing whatever measures can be taken to improve the situation in this regard, including measures directed to improving; and where possible centralising, the reporting and recording of racist incidents in order to ensure the most complete possible picture of the situation.

I should, however, stress that the data contained in the Garda PULSE system refer to crime incidents which meet the recording requirements of the Irish Crime Classification System. PULSE is neither intended nor suitable to be a database of racist incidents generally.

Again the Minister is happy to return to this chamber later in the year to discuss progress on this front.

Conclusion

It will be clear from what I have said that the Minister is supportive of many of the ideas which inform the motion before the House today. We have, in proposing, a motion of our own, sought to incorporate those ideas while taking account of the work now underway on the different aspects of the issue, particularly in the context of the reviews now underway both at the level of Government and in the Oireachtas itself.

We are also making clear that all issues raised by the Senators – the strengthening of the criminal law, the ratification of the Convention and Protocol on Cybercrime, taking forward the work begun under the National Action Plan to Combat Racism and the reporting and recording of racist incidents – will be further considered and taken into account in the work now underway.