Racial profiles of people searched by gardaí should be public, says human rights body

The racial profiles of all those who are stopped and searched by gardaí should be a matter of public record, a human rights watch has suggested.

The Irish Human Rights and Equality Commission has said the locations of such stop-and-searches should also be disclosed as should the location of security cameras in certain areas where there is a high percentage of non-Irish nationals.

In its report to the UN Human Rights Committee, the commission expressed concern about the forthcoming Garda Síochána (Powers) Bill. It believes the new legislation must include a definition of racial profiling, and that discrimination should be the subject of disciplinary procedures in the force.

It states that minority groups’ experience of racial profiling Ireland will have to be “carefully considered in the reform of policing legislation” as racial profiling can lead to the over-policing and over-criminalisation of certain groups.

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The commission accused An Garda Síochána of adopting, in relation of racial profiling, a “defensive response when issues relating to the policing of affected communities are highlighted”.

It recommended the force should address racial profiling with the active participation of communities affected by such discrimination.

The commission further recommended that efforts to legislate for hate crime and incitement to hatred should include ongoing training for gardaí, the judiciary and the legal profession.

There should be a provision, it states, for the “clear and precise definitions of relevant terms” and the establishment and maintenance of strong reporting mechanisms and transparent data sharing.

The report criticised the State’s response to historic institutional abuse in relation to Magdalene laundries, mother and baby homes, reformatory schools and illegal adoption.

It said there had been no investigation into illegal adoption, though the Special Rapporteur on Child Protection called for one.

“The continued failure of the State to effectively investigate historical abuse has directly impacted the identification, prosecution and conviction of perpetrators,” the report adds.

Pandemic response

Of the 86 complaints to gardaí in relation to alleged crimes in mother and baby homes, 54 have been closed and only 32 remain open for further investigation.

The commission has recommended that identified perpetrators should be prosecuted and punished with penalties proportionate to the gravity of the offence.

The commission has also accused government of giving deliberately ambiguous messaging to the public during the Covid-19 pandemic.

It cited the advice earlier in the pandemic to elderly people that they should “cocoon”. The impression was given that it was mandatory for over-70s to self-isolate when, in fact, it was advisory.

The advice not to leave one’s home disproportionately affected those with caring responsibilities, the commission stated.

Other groups disproportionately affected by lockdown included disabled people, older people, children without access to technology or living space and those living in crowded spaces.

None of the groups affected were represented in the “core pandemic decision-making structures” when lockdown measures were implemented.

The disproportionate response could have been avoided, the commission states, by the setting-up of a dedicated parliamentary committee on human rights and equality.

It recommended that the State carry out a “thorough inquiry into the pandemic response including an examination of the impact on civil and political rights and the development of legal and policy measures to mitigate the disproportionate impact of future crises on structurally vulnerable groups”.