US professor settles case over alleged racist comments by immigration garda
A US professor of Romani heritage has settled her discrimination complaint against An Garda Síochána following remarks made by a garda at Dublin Airport’s passport control.
The incident occurred when Professor Ethel Brooks was visiting Ireland in August 2017 to participate in a Roma Holocaust Memorial Day Commemoration, co-sponsored by Department of Justice and Equality and the US Embassy.
Prof. Brooks is an associate professor of the Department of Women’s, Gender, and Sexuality Studies at Rutgers University in New Jersey, and Chair of the European Roma Rights Centre.
Her complaint under the Equal Status Acts was first heard in the Workplace Relations Commission (WRC) in April 2019.
In her evidence before the WRC, she recounted how a garda, acting as an immigration officer, made disparaging remarks about the Roma and Traveller community.
Prof. Brooks said she was shocked and distressed by the comments, which were reported in a national newspaper the next day. She said at the time that
‘It was something I never expected’
when she explained the reason for her visit to the country, ‘the border guard said, ‘right, those people who steal and beg’.
She said: ‘I told him: “I’m part of that community.” And he said: “Well you’ve never been to Milan where you stand at an ATM and they’ll just force you to give them all your money – and you see it constantly in Dublin, you have to watch your purse as well.”’
She added she had been afraid the officer would not stamp her passport allowing her to enter the country, after she explained she was of Romani heritage.
The WRC dismissed the complaint on a technicality regarding the time limit for bringing such cases, and she appealed that decision to the Circuit Court.
She was represented by the Free Legal Advice Centres (FLAC), which reported that counsel for An Garda Síochána informed the Circuit Court yesterday that the parties to the action had reached a settlement agreement.
The agreement was read to the court, and stated that An Garda Síochána had acknowledged Prof. Brooks was distressed and offended by her experience with the force whilst going through immigration at the airport.
It stated that all persons should be treated with courtesy and respect regardless of background or ethnicity.
It also agreed to make a financial contribution to Pavee Point Traveller and Roma Centre.
It stated it was committed to the provision of training to all members of An Garda Síochána in relation to their responsibilities under the Equal Status Acts.
Speaking after the case, Prof. Brooks said: ‘I was very shocked and distressed by the comments made to me by An Garda Síochána on that date in 2017, and was quite shaken by the whole experience. It was something I never expected.
‘Now I realise it’s indicative of the racism and discrimination that Travellers and Roma face every day in Ireland.’
FLAC managing solicitor Sinéad Lucey said: ‘The manner in which Prof. Brooks was treated was appalling, but not surprising.
‘Callers to FLAC’s Roma Legal Clinic frequently seek legal advice in relation to experiences of discrimination, including discrimination by public bodies.
‘Results of an internal survey of Garda attitudes to ethnic minorities, which were published in The Irish Times in August 2020, showed almost 75% of frontline members surveyed had poor opinions of the Roma community.’
She said FLAC hoped the case would help address the negative attitudes and systemic issues which allowed such incidents to occur in the first place. The settlement was welcomed by Traveller and Roma human rights groups.
Martin Collins, a director of Pavee Point Traveller and Roma Centre, said: ‘It beggars belief that a person should be met with discriminatory and racist rant at arrivals in Dublin Airport.
‘What a shameful first impression this makes, and it brings the Garda and indeed the whole State into disrepute.
‘We hope this case sends out a clear message that racist comments by An Garda Síochána or any other civil servant is wholly unacceptable.
‘We welcome the Irish Government’s much-needed National Action Plan Against Racism, due to be published soon, and this incident highlights the need for ongoing anti-racism training for all public servants.’
Ðorđe Jovanović, president of the European Roma Rights Centre, said incidents like this are commonplace for Roma in Europe. He said: ‘Discrimination at border controls is something that affects Romani people systematically in Europe – east and west, EU and non-EU, this is something we often have to live with.
‘Settlements like these send a message that such racism will not be tolerated.’
‘What a shameful first impression’