RED Network

Under Irish law discrimination is illegal in the provision of goods, facilities and services available to the public generally, schools and other educational establishments, the provision of accommodation and in relation to membership of private registered clubs. In addition to this discrimination on the grounds of ‘race, colour, nationality or ethnic or national origins’ is forbidden.

Qualitative Info

The information can be found in the Irish Statute Book and from the Equality Authority of Ireland and comes from the Equality Act 2000 and Employment Equality Act 1998. The Employment Equality Act forbids discrimination on 9 grounds; gender, civil status, family status, sexual orientation, religion, age and disability.
 

External Url http://www.irishstatutebook.ie, http://www.equality.ie

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The Equality Authority of Ireland outlines 9 grounds in which discrimination is illegal in the state, these are; gender, family status, marital status, age, disability, sexual orientation, religion, race and membership of the traveller community. EU equality legislation forbids discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, all of which are covered in Irish law.

Qualitative Info

The 9 grounds for discrimination come from the Employment Equality Act of 1998 and can be read at www.dublinpact.ie/word/Equality-Legislation-IRL.doc.  EU legislation is found in article 6 of the EU treaty and can be read at http://www.equal-check.eu/equality_lagislation_in_eu.php

External Url http://www.equalcheck.eu, http://www.irishstatutebook.ie

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The national law covers all grounds in EU law.  In addition, the national law provides protection for civil status and family status.  It also provides separate protection for membership of the Traveller community.

Qualitative Info

The primary national legislation to combat discrimination is the following:  the Employment Equality Acts (EEA) 1998-2004 and the Equal Status Acts (ESA) 2000-2004. 

 

A careful description of the grounds can be found in the PDF linked through the External URL.  A short paragraph of that document is quoted here:  "The EEA prohibits discrimination in relation to employment on the basis of: gender, family status, marital status, age, disability, sexual orientation, religious belief, race, and membership of the Traveller community. The ESA outlaws discrimination on the same grounds with regard to goods, services and education."

External Url http://www.flac.ie/download/pdf/090710_antidiscrimination_law_terms_of_reference_july_2010.pdf

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There is indeed legislation against racism and hate crime in Ireland, an example of this being the 1989 Incitement to Hatred Act. However implementation of this is ineffective as a causal relationship between action and hate speech has to be established.

Qualitative Info

the 1989 Incitement to to Hatred act is found in the Irish Statute Book, see URL below.

External Url http://www.irishstatutebook.ie/1989/en/act/pub/0019/index.html

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Hate speech legislature in Ireland is covered by the Prohibition of Incitement of Hatred Act 1989 which forbids actions likely to stir up hatred, broadcasts likely to stir up hatred and preparation and possession of material likely to stir up hatred.

Qualitative Info

Prohibition of Incitement to Hatred Act 1989.

Actions likely to stir up hatred:

(1) It shall be an offence for a person—

(a) to publish or distribute written material,

(b) to use words, behave or display written material—

(i) in any place other than inside a private residence, or

(ii) inside a private residence so that the words, behaviour or material are heard or seen by persons outside the residence,

or

(c) to distribute, show or play a recording of visual images or sounds,

(2) If an item involving threatening, abusive or insulting visual images or sounds is broadcast, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up hatred or, having regard to all the circumstances, hatred is likely to be stirred up thereby.

(2) The persons referred to in subsection (1) are:

(a) the person providing the broadcasting service concerned,

(b) any person by whom the item concerned is produced or directed, and

(c) any person whose words or behaviour in the item concerned are threatening, abusive or insulting.

(3) It shall be an offence for a person—

(a) to prepare or be in possession of any written material with a view to its being distributed, displayed, broadcast or otherwise published, in the State or elsewhere, whether by himself or another, or

(b) to make or be in possession of a recording of sounds or visual images with a view to its being distributed, shown, played, broadcast or otherwise published, in the State or elsewhere, whether by himself or another,

if the material or recording is threatening, abusive or insulting and is intended or, having regard to all the circumstances, including such distribution, display, broadcasting, showing, playing or other publication thereof as the person has, or it may reasonably be inferred that he has, in view, is likely to stir up hatred.

External Url http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html#sec6

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Hate speech legislature in Ireland is covered by the Prohibition of Incitement of Hatred Act 1989 which forbids actions likely to stir up hatred, broadcasts likely to stir up hatred and preparation and possession of material likely to stir up hatred.

Qualitative Info

Prohibition of Incitement to Hatred Act 1989.
Actions likely to stir up hatred:
(1) It shall be an offence for a person—
(a) to publish or distribute written material,
(b) to use words, behave or display written material—
(i) in any place other than inside a private residence, or
(ii) inside a private residence so that the words, behaviour or material are heard or seen by persons outside the residence,
or
(c) to distribute, show or play a recording of visual images or sounds,
(2) If an item involving threatening, abusive or insulting visual images or sounds is broadcast, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up hatred or, having regard to all the circumstances, hatred is likely to be stirred up thereby.
(2) The persons referred to in subsection (1) are:
(a) the person providing the broadcasting service concerned,
(b) any person by whom the item concerned is produced or directed, and
(c) any person whose words or behaviour in the item
 concerned are threatening, abusive or insulting.
(3) It shall be an offence for a person—
(a) to prepare or be in possession of any written material with a view to its being distributed, displayed, broadcast or otherwise published, in the State or elsewhere, whether by himself or another, or
(b) to make or be in possession of a recording of sounds or visual images with a view to its being distributed, shown, played, broadcast or otherwise published, in the State or elsewhere, whether by himself or another,
if the material or recording is threatening, abusive or insulting and is intended or, having regard to all the circumstances, including such distribution, display, broadcasting, showing, playing or other publication thereof as the person has, or it may reasonably be inferred that he has, in view, is likely to stir up hatred.

External Url http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html#sec6

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This topic in Ireland is covered by the Prohibition of Incitement of Hatred Act 1989, The Employment Equality Act, 1998, Equal Status Act, 2000 and does define racist incidents and racist violence.

 

Qualitative Info

Racits incidences/ violence are defined in the legislation as follows:

• Assaults (including fatal assaults)
• Threatening behaviour (including harassment and public insults) and
• Damage to property motivated by racism and
• Incitement to hatred

External Url http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html#sec11 http://www.irishstatutebook.ie/2000/en/act/pub/0008/index.html http://www.irishstatutebook.ie/2000/en/act/pub/0008/index.html

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Ireland does not have specific legislation prohibiting racist and discriminatory organisations. Such groups are rare in Ireland, though the UN Committee on Racism Issues in its ‘Concluding Observations for Ireland’ state that, “The Committee recommends that the Government pass legislation to declare illegal and prohibit racist organisations, in line with article 4(b) of the Convention."

Qualitative Info

Article 4(b) [It is an offence] ‘to make or be in possession of a recording of sounds or visual images with a view to its being distributed, shown, played, broadcast or otherwise published, in the State or elsewhere, whether by himself or another,’

External Url http://enarireland.org/2011/03/un-committee-issues-concluding-observations/

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The Equality Authority is an independent body set up under the Employment Equality Act 1998, one of it's functions is to asses the impact of anti-racist legislation. It publishes an annual report.

Qualitative Info

"The Equality Authority was established on 18th October 1999. However, Under the plans from the Department of Finance, the Authority could be amalgamated with the Equality Tribunal, the National Disability Authority, the Irish Human Rights Commission and the Data Protection Commissioner, which could jeopardize it’s independence."

"The Equality Authority replaced the Employment Equality Agency, and has a greatly expanded role and functions. The Employment Equality Act, 1998 and the Equal Status Act, 2000 outlaw discrimination in employment, vocational training, advertising, collective agreements, the provision of goods and services and other opportunities to which the public generally have access on nine distinct grounds."

External Url http://www.equality.ie/Files/Annual%20Report%202010.pdf

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There is evidence to suggest racists/discriminatory incidents are under reported and sentenced under different legislation. An example is the case of Patrick Maphoso, a Dublin city council candidate who suffered a racist attack while canvassing. He complained under the Prohibition of Incitement to Hatred Act, 1989, however, the accused was sentenced under a public order offence.

Qualitative Info

“Walsh was convicted of using threatening, abusive and insulting behaviour outside his home at North Circular Road on April 28, 2009. He had pleaded not guilty to the charge.”

“Mr Maphoso, an unsuccessful candidate in the 2009 local elections, said he was canvassing with two colleagues when he noticed two men watching him.

When he got to where they were, he gave Mr Lawlor his card. Walsh told Mr Maphoso: "Get off the road," and then: "black people make me sick".

Mr Lawlor allegedly told him: "If you don't get off the road, you will get a bullet in your head".

http://www.herald.ie/news/racist-jailed-for-abuse-of-election-candidate-2899723.html

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A ‘Garda Human Rights Audit’ was conducted in 2004. “They found that Gardai are accused of regularly failing to help members of black communities who report crimes or who ask for help, and of making "continual" car stops and passport checks against them. While immigration officers "tend to think all Nigerians had several passports and assume fraud is taking place".”

Qualitative Info

An Irish Independent article on the audit can be read here: http://www.independent.ie/national-news/racism-rife-among-gardai-report-finds-262021.html

External Url http://www.garda.ie/Documents/User/garda%20human%20rights%20audit.pdf

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Judges John Neilan, Harvey Kenny and Sean McBride have all been reported as making racist comments in their courtrooms and in regard to sentencing, there has been no reprimands or charges laid against them.

Qualitative Info

Judge McBride’s comments on Travellers:

"They would take the eye out of you while smiling at you... They've been reared that way." He added that he wanted them "out... amach" and said he'd "jail every last one of them if they come before me".

Judge Neilan on ‘coloured people’:

 “There are people in this State who have worked all of their lives and they don’t, in their old-age pension, have the benefits these ladies have.

“The majority of shopping centres in this District Court area will be putting a ban of access to coloured people if this type of behaviour does not stop.

“We give them dignity and respect, and the first thing they do is engage in criminal activity. All you are asked to do is conduct yourselves as any other citizen in this State.

“You have let your countrymen and women down, and it’s just a pity that a few like you can malign so many.”

Judge Kenny on Nigerians:

A Nigerian woman should be "put in jail to stop all other Nigerians committing similar offences" [driving without insurance]

“I don't think any Nigerian is obeying the law of the land when it comes to driving. I had a few of them in Galway yesterday and they are all driving around without insurance and the way to stop this is to put you in jail. Word would go out then in the Nigerian community that if you must drive, you must have insurance...You are lucky you are not going to jail."

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Minister of Justice Alan Shatter: “where criminal offences such as assault, criminal damage, or public order offences, are committed with a racist motive they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing... in all the circumstances, I have no plans, at present, for new or amended legislation to deal with incitement to hatred or racially motivated crime.

Qualitative Info

Under the equality legislation discrimination based on any one of 9 distinct grounds is unlawful. These grounds are:

• Gender
• Civil status
• Family status
• Sexual orientation
• Religion
• Age (does not apply to a person under 16)
• Disability
• Race

                                 membership of the Traveller community

External Url http://debates.oireachtas.ie/dail/2011/12/06/00220.asp

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The short answer to this is no. Minister of Justice Alan answered a question on the subject in parliamentary questions; he stated that “where criminal offences such as assault, criminal damage, or public order offences, are committed with a racist motive they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing.”

Qualitative Info

Shatter added “in all the circumstances, I have no plans, at present, for new or amended legislation to deal with incitement to hatred or racially motivated crime.”

 

External Url http://debates.oireachtas.ie/dail/2011/12/06/00220.asp

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Yes, in so far as the legislation covers all people, however in practice this is not the case. This is evidence in the incidents involving Judges John Neilan, Harvey Kenny and Sean McBride as well as in the cases of politicians Darren Scully, Pat Rabbitte and Conor Lenihan, none of whome were reprimanded for their actions.

Qualitative Info

Information on the incidents involving all of the above (save for Darren Scully) can be read here: http://www.independent.ie/national-news/politicians-and-judges-criticised-for-crass-racism-91990.html

Information on Darren Scully can be found here: http://insideireland.ie/2012/02/22/scully-should-have-gone-says-integration-centre-ceo-56966/

External Url http://www.irishstatutebook.ie/2000/en/act/pub/0008/sec0003.html#sec3

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So far there have been no incidents of such violence, however there has been a high profile incident wherein the former mayor of Naas, Darren Scully, was forced to resign after saying in an interview that he would not represent black Africans in his constituency. Despite resigning under pressure Darren Scully was not removed from the Fine Gael party as a result.

Qualitative Info

Darren Scully’s comment: "I made a decision that I was not going to take on representations from Africans. I've said that I would be very courteous to them and that I would pass on their query to other public representatives who would take their concerns." For full quotations visit: http://www.independent.ie/national-news/fine-gaels-darren-scully-quits-as-mayor-of-naas-over-his-comments-about-black-africans-2941395.html

External Url http://www.irishtimes.com/newspaper/breaking/2011/1122/breaking30.html

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In general, parties with the expressed aim of having an anti-minority/anti-migrant aganda do not exist in Ireland. Occasional comments by individual politicians within the main parties occur.

Qualitative Info

There is little evidence in Ireland of the establishment of political parties with the expressed aim of proposing an anti-migrant or anti-minority aganda. The main political parties in Ireland state publically that racism or xenophobia is not tolerated within their ranks. Individual instances occour where politicians have made statements that can be identified as being racist in nature or seeking to exploit percieved anti-migrant sentiment. These statements generally incur rebukes from senior members of that political party, the Irish media and civil society. This shows that, at least in the majority of cases, there is no official sanction for such practices but there are individual instances where these sentiments are expressed.

 

Source - http://www.rte.ie/news/2012/0221/scullyd.html

INAR Anti-Racism Protocol for Political Parties: http://enarireland.org/2012/01/anti-racism-political-protocol/

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No evidence to date of the emergence of such parties.

Qualitative Info

There is little evidence in Ireland of the establishment of political parties with the expressed aim of proposing an anti-migrant or anti-minority aganda. The main political parties in Ireland state publically that racism or xenophobia is not tolerated within their ranks. Individual instances occour where politicians have made statements that can be identified as being racist in nature or seeking to exploit percieved anti-migrant sentiment. These statements generally incur rebukes from senior members of that political party, the Irish media and civil society. This shows that, at least in the majority of cases, there is no official sanction for such practices but there are individual instances where these sentiments are expressed.

 

Source - http://www.rte.ie/news/2012/0221/scullyd.html

INAR Anti-Racism Protocol for Political Parties: http://enarireland.org/2012/01/anti-racism-political-protocol/

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In some individual instances, there have been situations where individual politicians have expressed sentiments that can be identified as anti-migrant or anti-minority.

Qualitative Info

Statements from members of mainstream political parties that can be identified as racist/xenophobic or anti-migrant/anti-minority are themselves in the minority. While it does occur, these instances are generally not the overwhelming narrative and where they verge into racism and xenophobia often draw rebukes from the overall party.

Source - http://www.rte.ie/news/2012/0221/scullyd.html

INAR Anti-Racism Protocol for Political Parties: http://enarireland.org/2012/01/anti-racism-political-protocol/

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To date - there is little evidence of the existence or emergence of any major organisations of this nature.

Qualitative Info

While there are some instances where there seems to be low-level organisation of anti-migrant sentiment, these groupings (often just comrising of less than five individuals) do not attract much attention or media coverage and do not seem to constitute a threat, as of yet. There is perhaps one main group which is often seen as proposing an anti-immigrant aganda, but the evidence suggests that they are an informal grouping and not noticably active.

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In 2005 the Irish government launched ‘The National Action Plan against Racism.’  Minister for Justice and Equality, Alan Shatter, described it thusly; “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"

Qualitative Info

Summary of the Intercultural Framework underpinning the NPAR

Participation: Full participation in Irish society.

Recognition: Recognition and awareness of diversity.

Provision: Accommodating diversity in service provision.

Inclusion: Economic inclusion and equality of opportunity.

Protection: Effective protection and redress against racism.

Minister for Justice and Equality, Alan Shatter: “The National Action Plan against Racism 2005-2008 was very ambitious and wide ranging in its scope. Since 2005, there has been a substantial penetration of anti —racist policies, programmes and activities and awareness raising initiatives. The focus is now on the continued implementation of the sectoral strategies which flowed from the Plan. In light of these measures, I do not intend to focus on developing a second National Action Plan against Racism.” (http://debates.oireachtas.ie/dail/2011/11/22/00309.asp)

External Url http://www.nccri.ie/pdf/ActionPlan.pdf

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In 2005 the Irish government launched ‘The National Action Plan against Racism.’  One of the 5 primary factors underpinning the plan is ‘effective protection and redress against racism.’

Qualitative Info

The forms of racism identified in Ireland for special attention in the plan are:

·        Racism experienced by Travellers.

·        Racism experienced by recent migrants, including labour migrants and

refugees and asylum seekers.

·        Racism experienced by black and minority ethnic people.

·        Racism experienced by Jews and Muslims in the form of anti Semitism and

Islamophobia.

• The intersection of racism with other forms of discrimination.

External Url http://www.nccri.ie/pdf/ActionPlan.pdf

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The following are NGOs in Ireland whose principal objectives relate to opposing racism: Immigrant Council of Ireland, Equality and Rights Alliance, LIR Anti Racism Training and Education, Integration Centre, Sport Against Racism Ireland and the Anti-Racism Network amongst others.

Qualitative Info

In January 2011 the NGO Alliance against Racism, published its fourth periodic review of Ireland under the UN International Convention on the Elimination of All Forms of Racial Discrimination. The NGO alliance Against Racism is a network of over fifty non-governmental organisations working on a broad range of anti-racist, community and human rights issues and provides a fairly comprehensive list of NGOs in Ireland that deal with the Issue of Racism.

External Url http://www.immigrantcouncil.ie/images/stories/NAAR_Shadow_Report_to_CERD_final.pdf

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The following are NGOs in Ireland whose principal objectives relate to opposing racism: Immigrant Council of Ireland, Equality and Rights Alliance, LIR Anti Racism Training and Education, Integration Centre, Sport Against Racism Ireland and the Anti-Racism Network amongst others.

Qualitative Info

In January 2011 the NGO Alliance against Racism, published its fourth periodic review of Ireland under the UN International Convention on the Elimination of All Forms of Racial Discrimination. The NGO alliance Against Racism is a network of over fifty non-governmental organisations working on a broad range of anti-racist, community and human rights issues and provides a fairly comprehensive list of NGOs in Ireland that deal with the Issue of Racism.

External Url http://www.immigrantcouncil.ie/images/stories/NAAR_Shadow_Report_to_CERD_final.pdf

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Since the National Consultative Committee on Racism and Interculturalism closed in 2008, it is difficult to establish a causal relationship between public policy and NGO activity. One previous example is The Anti Racism Election Protocol which has played a part in all major political campaigns since the run up to the 2001 general election, as a result of an initiative of The European Network Against Racism (ENAR).

Qualitative Info

Declaration of intent put to politicians prior to the 2011 election:

 I as a candidate in the 2011 elections agree:

• To send a consistent and clear message to my constituents that I reject racism.
• To condemn any campaign materials or statements  that may incite hatred or express prejudice on the grounds of ‘race’, colour, nationality or ethnic or national origin, religious belief and membership of the Traveller Community[2]
• To guarantee that when engaging in on-going debate in relation to groups which are the potential targets of racism, such as asylum seekers, refugees, migrant workers and Travellers, my contribution to such debate is conducted in a responsible way and with respect to the dignity and rights of minority ethnic groups.
• To use appropriate and inclusive language and words when referring to people of different ethnic backgrounds, in order to avoid creating prejudice or confusion.
• To inform all my political campaigners about the intent and contents of this Protocol.

Parties who signed the declaration: Fianna Fáil, Fine Gael, Green Party, Labour Party, Sinn Féin, Socialist Party, Workers’ Party, Libertas, People before Profit.

External Url http://enarireland.org/news/

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While many NGO’s are working on the area of Anti-Racism, at present none are providing legal representation as they either do not have the required practicing certificates to legally represent clients or do not have the resources. Most representation is provided by private law practitioners, often by referral from NGO’s.

Qualitative Info

Declaration of intent put to politicians prior to the 2011 election:

 I as a candidate in the 2011 elections agree:

• To send a consistent and clear message to my constituents that I reject racism.
• To condemn any campaign materials or statements  that may incite hatred or express prejudice on the grounds of ‘race’, colour, nationality or ethnic or national origin, religious belief and membership of the Traveller Community[2]
• To guarantee that when engaging in on-going debate in relation to groups which are the potential targets of racism, such as asylum seekers, refugees, migrant workers and Travellers, my contribution to such debate is conducted in a responsible way and with respect to the dignity and rights of minority ethnic groups.
• To use appropriate and inclusive language and words when referring to people of different ethnic backgrounds, in order to avoid creating prejudice or confusion.
• To inform all my political campaigners about the intent and contents of this Protocol.

Parties who signed the declaration: Fianna Fáil, Fine Gael, Green Party, Labour Party, Sinn Féin, Socialist Party, Workers’ Party, Libertas, People before Profit.

 

External Url http://enarireland.org/news/

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While many NGOs are working on the area of Anti-Racism, at present none are providing legal representation as they either do not have the required practicing certificates to legally represent clients or do not have the resources. Most representation is provided by private law practitioners, often by referral from NGOs.

Qualitative Info

To apply for free legal representation in a case involving racism/discrimination one must contact the Equality Authority who describe their involvement in such matters thusly:

“The Equality Authority has an in-house Legal Service that may, at its discretion, where the case has strategic importance, provide free legal assistance to those making complaints of discrimination under the Employment Equality Act 1998 and the Equal Status Act 2000. Given the limits on available resources, it is not possible to provide legal assistance for all those who request it. It provides such assistance only in a small percentage of cases according to the criteria that have been set down by the Board of the Equality Authority.”

External Url http://www.equality.ie/en/Information/Criteria-for-Representation/

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In 2010, the Irish Congress of Trade Unions (ICTU) published a strategy called; ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions.’ This strategy aims to recruit and support migrant workers in the trade union movement.

Qualitative Info

Their objective outlined in the document is as follows:

 “To develop a strategic approach within Congress to the inclusion of black and minority ethnic members.

The development of the strategic approach will include research and consultation with bodies representative of black and minority ethnic organisations.”

The plan was funded by the Office of the Minister for Integration and managed by the Equality Authority.

External Url http://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

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In 2010, the Irish Congress of Trade Unions (ICTU) published a strategy called; ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions.’ This strategy aims to recruit and support migrant workers in the trade union movement.

Qualitative Info

Their objective outlined in the document is as follows:

 “To develop a strategic approach within Congress to the inclusion of black and minority ethnic members.

The development of the strategic approach will include research and consultation with bodies representative of black and minority ethnic organisations.”

The plan was funded by the Office of the Minister for Integration and managed by the Equality Authority

External Url http://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

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To date there has been no significant evidence of segregation between migrant populations and the majority population.

Qualitative Info

Evidence and analysis from the Irish census of 2010 may provide a clearer picture of the dispersal or integration of migrant communities among the majority population. To date, this information is not available and initial evidence suggests that while there are areas that have a larger migrant population (Dublin the capital city for example, and certain particular areas of Dublin) there does not seem to be any suggestion that this concentration amounts to segregation.

However, the system of 'direct provision', where persons seeking asylum are housed separately in hostel accommodation, has been identifed by some NGO groups as a severe social issue and could be seen as a form of segregation. A report by FLAC (Free Legal Advice Centres) on the issue of direct provision can be read here: Read.

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There is no evidence of segregation based on ethnic origin in Ireland.

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According to a report presented to the Social Sciences and Public Policy conference held in Galway;

“The greatest degree of segregation is experienced by the Travelling community, followed by people in local authority housing, followed by non-nationals and ethnic minorities.  There is relatively little segregation around social class or status.” -'Ireland After Nama'

Qualitative Info

Data on segregation in Irish cities can be read viewed here:

http://irelandafternama.files.wordpress.com/2009/12/des-slide-11.jpg

http://irelandafternama.files.wordpress.com/2009/12/des-slide-2.jpg

External Url http://irelandafternama.wordpress.com/2009/12/04/segregation-in-irish-cities/

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According to a report presented to the Social Sciences and Public Policy conference held in Galway;

“The greatest degree of segregation is experienced by the Travelling community, followed by people in local authority housing, followed by non-nationals and ethnic minorities.  There is relatively little segregation around social class or status.”

Qualitative Info

The Ireland After Nama report can be viewed here: http://irelandafternama.wordpress.com/2009/12/04/segregation-in-irish-cities/

External Url http://irelandafternama.wordpress.com/2009/12/04/segregation-in-irish-cities/

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To date there is no evidence of a denial of housing rights based on ethnicity, apart from anecdotal evidence of individual instances of some landlords of private rented accommodation discriminating against certain nationalities. No overall information exists on this practice however.

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There is little evidence that school segregation and/or policies of separate/distinct schooling of migrants in Ireland though there is concern regarding the fact that the vast majority of schools in Ireland are run by Catholic groups. This has been highlighted in the UN’s ‘Committee on the Elimination of Racial Discrimination’ report on Ireland.

Qualitative Info

“The Committee, noting that almost all primary schools are run by Catholic groups and that non-denominational or multidenominational schools represent less than 1 per cent of the total number of primary education facilities, is concerned that existing laws and practice would favour Catholic pupils in the admission to Catholic schools in case of shortage of places, particularly in the light of the limited alternatives available” –UNCHR, CERD

External Url http://www.unhchr.ch/tbs/doc.nsf/%28Symbol%29/CERD.C.IRL.CO.2.En?Opendocument

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Segregation of minorities in education is not a feature of modern Ireland though the Travelling Community was subjected to it in previous decades.

 “Into the 1990s Travellers were often educated through segregated provision. Over the last decade this segregated approach has mainly been abandoned in favour of age-appropriate, integrated and inclusive provision.”

-‘Report and Recommendations for a Traveller Education Strategy’ (2005)

Qualitative Info

“The 2002 census found that almost two-thirds of the 7,000 Travellers who gave the age at which their fulltime education ceased had left before the then statutory minimum age of fifteen, compared with 15 per cent for the population as a whole. Historically, Travellers were often marginalised in the education system. Into the 1990s Travellers were often educated through segregated provision. Over the last decade this segregated approach has mainly been abandoned in favour of age-appropriate, integrated and inclusive provision.”

-‘Report and Recommendations for a Traveller Education Strategy’ (2005)

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To date there has been no evidence of practices of this nature.

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There is a visible presence of Irish Language programming and presenters in the Irish Media. There are a number dedicated television and radio stations, a good example of this being TG4, a dedicated free-to-air Irish Language television channel. The national broadcaster is also obliged to ‘relflect the cultural diversity of Ireland’ by the Broadcasting Act 2001.

Qualitative Info

Broadcasting Act 2009:

118.—(1) The objects of TG4 are—

(a) to establish, maintain and operate a national television

broadcasting service, which shall have the character of a

public service, be a free-to-air service and be made available,

in so far as it is reasonably practicable, to the whole

community on the island of Ireland,

(b) to establish and maintain a website and teletext services in

connection with the services of TG4 under paragraphs

(a), (c), (d), (e), (f), (g) and (h),

(c) to establish and maintain choirs and other cultural performing

groups in connection with the services of TG4

under paragraphs (a), (f), (g) and (h),

(d) to assist and co-operate with the relevant public bodies in

preparation for, and execution of, the dissemination of

relevant information to the public in the event of a

major emergency,

(e) to establish and maintain archives and libraries containing

materials relevant to the objects of TG4 under this

subsection,

(f) to establish, maintain and operate, in so far as it is reasonably

practicable, a television broadcasting service, which

shall have the character of a public service, to be made

available to Irish communities outside of the island of

Ireland,

(g) subject to the consent of the Minister, the Minister having

consulted with the Authority, to establish, maintain and

operate in so far as it is reasonably practicable, community,

local, or regional broadcasting services, which

shall have the character of a public service, and be available

free-to-air,

(h) subject to the consent of the Minister, the Minister having

consulted with the Authority, to establish and maintain

non-broadcast non-linear audio-visual media services, in

so far as it is reasonably practicable, which shall have the

character of a public broadcasting service (such consent

not being required in respect of such services which are

ancillary to a broadcasting service provided under paragraphs

(a), (d), (f) and (g)),

(i) so far as it is reasonably practicable, to exploit such commercial

opportunities as may arise in pursuit of the

objects outlined in paragraphs (a) to (h).

External Url http://www.oireachtas.ie/documents/bills28/acts/2009/a1809.pdf

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There are isolated incidents of hate speech in Irish public life and media, though nothing to suggest any endemic problem. Some examples are the former mayor of Naas resigned following a racist outburst in 2011, and The Irish Independent was sanctioned for an article entitled; “Sterilising junkies may seem harsh, but it does make sense” (2011).

Qualitative Info

The Former mayor of Naas, Darren Scully, said that he would no longer represent ''black Africans'' in his community because of ''aggression'' he received when dealing with them. http://www.rte.ie/news/2012/0221/scullyd.html

“The Ombudsman found that the column, titled Sterilising junkies may seem harsh, but it does make sense* (18 February 2011) “was likely to cause grave offence to or stir up hatred against individuals or groups addicted to drugs on the basis of their illness.”” http://politico.ie/media-watch/7586-press-ombudsman-irish-independent.html

External Url http://politico.ie/media-watch/7586-press-ombudsman-irish-independent.html

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Contradictory reports of racism in Irishsport indicate a lack of data on the subject. Ken McCue the international officer of Sport Aginst Racism Ireland claims "We have a queue of cases from a number of sports from grassroots level up. We get reports week in, week out.' However  the Irish charity, Show Racism the Red Card, state that ‘while racism in sport has been a major problem in many countries it is not so manifest in Ireland.’

Qualitative Info

No hard data, information on the subject is dependent on charity organisations that deal directly with the issue (through media outlets such as newspapers/websites). e.g. Show Racism the Red Card, Sport Aginst Racism Ireland.

http://www.theredcard.ie/

http://www.sari.ie/ss/

External Url http://www.irishexaminer.com/sport/kfqlidaumhau/rss2/

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Hate speech is legislated for in Irish law in the Prohibition of Incitement to Hatred Act 1989. This act applies to everyone and is not particular to sports events. Individual instances of hate speech are dealt with by the relevant sporting association.

Qualitative Info

The forfeitures under the Prohibition of Incitement to Hatred Act are:

6.—A person guilty of an offence under section 2 , 3 or 4 shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both.

Offences by bodies corporate.

7.—(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

8.—Where a person is charged with an offence under section 2 , 3 or 4 , no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

External Url http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html#sec11

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