Longer sentences for hate crimes proposed in report

Ireland urgently needs new laws to protect vulnerable communities from hate crime, according to a report being launched today by University of Limerick experts.

The study proposes the creation of new offences and the passing of longer sentences for assault, harassment, criminal damage and public order crimes motivated by hostility, bias, prejudice or hatred.

“The absence of hate crime legislation in Ireland is a glaring anomaly in the European context, and indeed across the West,” the report states.

“Without it, Ireland stands virtually alone in its silence with respect to protecting vulnerable communities from the harms of this particular form of violence.”

Labour Senator and legal academic Ivana Bacik, who will launch the Life Free From Fear report today, said the study showed hate crime was a "very real phenomenon in Ireland today".

The academic experts surveyed 14 non-governmental organisations which advocate for various groups of people including those with disabilities; ethnic minorities; religious minorities; the LGBT community and prisoners.

Along with sexual and verbal abuse, they reported instances of physical violence and harassment, while negative use of the internet was also highlighted.

The report proposes fresh legislation to create four new offences all aggravated by hostility: assault, harassment, criminal damage and public order.

Alongside the new offences, the introduction of a sentence enhancement provision is recommended under which hostility, bias, prejudice or hatred would be treated as aggravating factors in sentencing.

“We propose that legislation be introduced as a matter of urgency,” the report states.

The study also recommends amending the Criminal Law (Sexual Offences) Act 1993 to cover cases of sexual offences against disabled people.

It says Ireland should deal with the criminalisation of acts of a racist and xenophobic nature committed through computer systems by signing and ratifying the additional protocol to the convention on cybercrime.

Ms Bacik said people in Ireland were targeted because of characteristics including sexual orientation, race, religion, disability and age.

“The report shows that the current legal regime is incapable of addressing hate crime, and that legislative change is required. Crucially, the report also presents useful proposals for the appropriate legislative model, and this is particularly welcome,” she said.

The report acknowledges the difficulty in identifying specific communities that are potential victims of hate crimes.

However, among the groups the report names as having historically been targets of abuse and discrimination in Ireland are the Traveller community; single mothers; non-Catholics and members of the LGB (lesbian, gay and bisexual) community.

More recently, the report suggests, the categories of race, national origin, trans people and ethnic origin could be included. “The authors would regard this list as still incomplete however,” the report states.

The authors of the report are Jennifer Schweppe of the School of Law and Dr Amanda Hynes and Dr James Carr of the Department of Sociology at the University of Limerick. They are members of the Hate and Hostility Research Group (HHRG), which was set up by academics in the University of Limerick with the aim of initiating scholarship in the area in Ireland.