Prosecuting hate

The most disturbing aspect of research conducted into hate crime by academics at the University of Limerick showed that many victims, even in cases involving physical violence, did not report the offences to the Garda Siochána. Why that should be: because of fear of retribution; distrust of the legal process or a belief that nothing could be achieved by doing so, requires careful consideration and comprehensive action. People who are verbally or physically assaulted because of race, religious belief, sexual orientation or social grouping should view the gardai as their front-line protectors.

For that to happen, greater emphasis should be given within the Garda Siochána to the corrosive nature of hate crime and the importance of confronting it. A more balanced intake of recruits, reflecting the changing composition of Irish society over recent years, would help. In particular, the systematic collection and publication of data dealing with incitement to hatred, damage to property and related offences would help to increase public knowledge of these crimes and encourage an appropriate judicial response.

The Prohibition of Incitement to Hatred Act, 1989, along with existing criminal legislation, already outlaws religious, sexual and racial discrimination and physical and verbal abuse. Hate crime legislation only allows for enhanced penalties. It does not create new offences. Past experience, involving the imposition of minimum sentences for drug offences, prompts legislative caution.

Hate crime cannot be tolerated. At issue, however, is the most effective way of dealing with it. Education at all levels within a community is clearly important. So is a robust response to such crime by the Garda Siochána and the Courts. Special legislation in other countries failed to persuade many victims to engage with the police. In the absence of such encouragement and attendant publicity here, the passage of legislation could create a perception that the issue had been resolved.