16.Memorandum submitted by the Home Office
1. INTRODUCTION
1.1 The Government understands that a balance
needs to be struck between ensuring the security of the United
Kingdom and all its citizens and protecting the rights of individuals.
In striking this balance, the Government recognises that community
engagement is essential, firstly to ensure that all our communities
feel safe and secure in their residence in the UK and also to
ensure that they are in fact secure, by allowing the police and
security services access to all possible sources of knowledge
and intelligence.
1.2 The Committee has expressed a particular
interest in four topics, and we address these below.
2. THE THREAT
AND THE
GOVERNMENT'S
RESPONSE
2.1 We currently assess that the main threat
to the United Kingdom comes from international terrorists who
are foreign nationals. Nevertheless there are also British nationals
who contribute to the threat. We believe that the threat is real
and serious. Osama bin Laden has in several statements publicly
named Britain and British interests as a target, and encouraged
attacks against them.
2.2 In March 2004, the events in Madrid
demonstrated the capability of an Al Qa'eda inspired terrorist
group to carry out an attack without warning against a civilian
target in Western Europe. There is a continuing high threat of
terrorism against Western interests throughout the world, as other
recent attacks in Saudi Arabia and elsewhere have demonstrated.
Closer to home, there have been a series of high profile operations
which have led to the disruption of potentially deadly terrorist
operations in the United Kingdom. As the Director General of the
Security Service, Eliza Manningham-Buller succinctly put it in
October 2003;
2.3 "I see no prospect of a significant
reduction in the threat posed to the UK and its interests from
international terrorism over the next five years, and I fear for
a considerable number of years thereafter."
2.4. The Terrorism Act (2000) has proved
to be a vital tool in the fight against terrorism. The powers
are reviewed annually by an independent reviewer, currently Lord
Carlile. In his recent report published on the 26 April on the
workings of the Act, Lord Carlile concluded that subject to some
reservations in connection with the use of the stop and search
powers in section 44, he considered the provisions in the Act
to be necessary and fit for purpose.
2.5 In response to the tragic events of
11 September 2001, the Government introduced further counter terrorism
powers under the Anti-Terrorism, Crime and Security Act 2001.
This Act provides additional powers relating to the disruption
of terrorist funding and the freezing of terrorist assets. It
also allows the Home Secretary to certify and detain suspected
international terrorists pending their deportation. The Government
believes that these measures, along with the measures included
in the Terrorism Act, are a necessary and proportionate response
to the threat we face from all forms of terrorism.
3. THE STIGMATISATION
OF MINORITY
GROUPS "ASSOCIATED
WITH TERRORISM"
3.1 The Government condemns the stigmatisation
of any community within the UK. People throughout the United Kingdom
are vulnerable to stigmatisation because of the activities of
minority elements. Many experience this to varying degrees and
for various reasons, but the Government is of the view that this
is currently experienced most acutely by British Muslims.
3.2 The religious and racial diversity of
the UK strengthens and enriches our society, and Islam's place
within that as a religion of peace, tolerance and understanding
is welcomed and valued by the Government. The vast majority of
British Muslims are law-abiding and have no sympathy with the
actions and statements of extremists. A clear distinction between
extremist individuals and the faith they might claim to be associated
with or represent must be made. Allowing the false impression
that Islam or Muslims support terror puts the whole community
at risk of unfair stigmatisation.
3.3 In particular the use of phrases such
as "Islamic terrorist" and "Muslim terrorism"
is misleading and unhelpful. Indeed the extremists who falsely
argue for support for acts of terrorism in the name of Islam present
a grave threat to Muslim communities in the UK, as they propagate
false perceptions about the values and beliefs of Islam that are
difficult to counter and lead to increased stigmatisation of minority
communities. Government ministers have committed to avoiding the
use of these terms in favour of "international terrorism"
which accurately captures the international ramifications of terrorist
networks inspired by Al Qa'eda.
3.4 The Government is committed to ensuring
that Muslim and other faith groups are protected from violence,
unfair discrimination and from any stigmatisation from false association
with terrorism. The Home Office has established the Faith Communities
Unit as a resource to provide advice and build capacity across
Whitehall to deal with these sensitive areas and it has championed
many issues particularly important to faith communities. Home
Office ministers have expressed unequivocal support for the right
to wear the head scarf and the Home Office is also working to
build recognition that faith-based organisations are a part of
the wider Voluntary and Community Sector.
4. THE INCIDENCE
OF ANTI-SEMITISM,
ISLAMOPHOBIA AND
OTHER FORMS
OF PREJUDICE
4.1 The UK has a long and cherished tradition
of free speech. Unfortunately, certain individuals use these freedoms
to express views that the vast majority of people in this country
find offensive. The Government is aware of extremist views such
as these and shares the concerns of communities in the UK that
these pronouncements generate. Where these pronouncements incite
racial hatred, the Public Order Act 1986 provides an effective
remedy but the Government does not believe that the current legislative
framework is sufficient to counter the Islamophobia and prejudice
that some Muslim people experience.
4.2 The Government believes that the right
course of action is to create a new offence, prohibiting the incitement
of hatred towards members of a religious group. The offence of
incitement to racial hatred only protects religious groups insofar
as they are co-terminous with ethnicity—principally Judaism
and Sikhism. It does not protect Muslims or other non-ethnic religious
groups. The Government's proposals (upon which we will legislate
as soon as Parliamentary time allows) will end that anomaly and
extend protection to all religious groups.
4.3 These proposals will not restrict people's
legitimate rights to criticise religions or religious practices.
But we need to balance the rights of free speech with the right
to lead a life in which one can peacefully practice one's own
religion without fear of assault. There is a clear difference
between criticism of a religion or members of a religious group
and the criminal act of inciting hatred against members of a religious
group.
4.4 Religious groups are already protected
to a certain extent within the criminal law—the Anti-Terrorism
Crime and Security Act 2001 extended the existing racially aggravated
offences to cover crimes motivated by religious hatred. Offences
including assault, criminal damage and harassment now carry higher
maximum penalties where there is evidence of a racist or religious
motive or racial/religious hostility in connection with the offence.
The CPS published their prosecution policy on racist and religious
crime in July 2003 in which they undertook to prosecute this type
of crime robustly, firmly and fairly.
4.5 The CPS also monitors the progress of
religiously aggravated offences through the criminal justice system.
Of those finalised between 14 December 2001 and 31 March 2003,
the actual or perceived religion of the victim was Islam in 10
of the 18 cases. However the religion of the defendant was not
identifiable in all cases and, in six cases, the victim and the
defendant were of the same religion (Muslim). The low number of
fully finished cases makes it difficult to draw any firm conclusions
with regard to religiously-aggravated offences.
4.6 Although Muslim organisations monitor
incidents of Islamophobia, there is no independent or central
data collection organisation.
4.7 The number of anti-Semitic incidents
reported to the Community Security Trust (CST) in the UK last
year rose from 350 to 375—an increase of 7% compared with
2002. The total of 375 is the second highest after 2000. CST figures
correlate closely with those of the Police.
4.8 While the Government's proposals will
help to prevent some stigmatisation of minority religious groups
and reduce Islamophobia, further work remains to be done. For
example, specific legislation on religious discrimination only
covers discrimination in employment and vocational training through
the Equal Employment Regulations on Religion and Belief (2003).
The Home Office is currently considering how best to ensure that
religious groups are protected from unwarranted discrimination
in wider society and are working closely with the Department for
Trade and Industry and other organisations on the way forward.
4.9 MEDIA COVERAGE
OF THESE
ISSUES
4.10 The media have a key role to play in
community relations. References to "Islamic" or "Muslim
terrorism" are not, as noted above, accurate and continue
to risk the stigmatisation of minority communities. The Government
also understands the extreme concern within Muslim communities
that the extensive coverage of the views of extremists by some
newspapers offers a misleading image of Islam that is not countered
by positive coverage of the support that Muslim communities have
given to the Police service in the fight against terrorism or
the contribution which our Muslim citizens make to the UK.
4.11 The Home Office is working with the
Society of Editors and The Media Trust to ensure that editors
and journalists are aware of the grave risks to community cohesion
caused by irresponsible or damaging media reporting and that they
have advice on the legal framework surrounding these issues. The
media have an opportunity afforded no other group in society to
help reduce the polarisation of attitudes to religious, ethnic
and national identity, as evidenced by Islamophobia and other
forms of discrimination and we must work closely with them to
ensure that this is fully achieved.
4.12 The Government has a role to play as
well and we continue to ensure that when dealing with media interest
in international terrorism, we make clear that the Muslim community
is not a threat. We understand that there is a legitimate public
interest in the conduct of counter-terrorism operations and we
provide the press and the public with as much information as is
appropriate. When issuing press notices regarding arrests for
suspected offences connected to terrorism we do not refer to the
actual or perceived religion of arrestees. We do not regard the
religion of a suspect as relevant to the offence for which they
have been arrested.
5. CIVIL LIBERTIES/POLICING
ISSUES
5.1 The Government believes that a fine
balance must be struck between the protection of the individual
rights of citizens and the security of the nation. While we believe
our current powers strike the right balance, they are not always
understood by members of our communities and therefore the Government
has recently expanded our dialogue with the community on these
issues. The Home Secretary and other Ministers regularly meet
and speak with members of the Muslim communities and senior officials
have recently met with young people and imams to discuss their
concerns.
5.2 These concerns have included, for example,
the perception that the Muslim community may have been or is particularly
targeted when stop and search powers are used. Counter terrorism
stop and stop (s44) data divided by ethnicity was published for
the first time in July 2004 and showed that 21,557 searches were
made under section 44(1) and (2) in 2002-03 compared with 8,550
in 2001-02, with the number of searches of Asian people up from
744 to 2,989 (up 302%).
5.3 The increase in use of the power can
be attributed to the heightened threat from international terrorism
since the terrorist attacks on 11 September 2001, and the subsequent
rise in the number and scale of police counter-terrorism investigations.
However we are also concerned about any issues of dis-proportionality
and have responded to community concerns with the creation of
a Stop and Search Action Team to look at these issues in relation
to stop and search powers generally. We have also revised our
guidance to Police forces on the authorisation of the Section
44 powers.
5.4 The Home Office and the National Co-ordinator
of Ports Policing, in response to the concerns of members of the
community have developed a strategy to reduce any perceived negative
impact on the Muslim community in the use of Schedule 7 stop and
search powers at ports and border areas. The strategy includes
a critical assessment of the information and intelligence used
by officers at ports to select passengers for examination, a stock
take of current diversity training delivered to officers at ports
(including improved Islamic awareness briefing) and increased
community involvement, to improve officers' awareness and understanding
of the issues raised by the Muslim community. This strategy includes
"on the ground" visits by members of the Muslim communities
to special branches at ports to enable them to see first hand
how ports are policed.
5.5 This open and constructive dialogue
is highly valued by the Home Office and we continue to expand
opportunities to be able to promote greater understanding about
counter terrorism and policing.
5.6 The Government is keen to see the work
of the Muslim Contact Unit (MCU) of the Metropolitan Police Special
Branch rolled out across the UK. It is engaged in a productive
and challenging reciprocal partnership with Muslim community leaders
in London and beyond and is staffed by experienced MPSB officers
and Muslim police officers. Its strategy is to build and maintain
partnerships with those community leaders and representatives
best equipped and located to counter the threat of terrorist and
extremist propaganda. The MCU is valued by members of the community,
who, through its work, understand more about the powers that the
police work under and play an important role in protecting their
communities.
5.7 MCU partnership activity includes input
to the Association of Chief Police Officers (ACPO) led Muslim
Safety Forum (MSF) where terrorism and its community impact is
the key agenda item. The Home Office is pleased to support the
work of the MCU and continues to encourage its role of spreading
best practice on engagement with the Muslim community throughout
the UK.
5.8 We are currently reviewing our counter
terrorism powers following the publication in February 2004 by
the Home Secretary of a discussion paper "Counter-Terrorism
Powers: reconciling Security and Liberty in an Open Society".
This launched a public consultation process on the future of counter-terrorist
powers that closed on 31 August 2004. During the six month consultation
period representatives of faith communities and civil rights organisations
participated in a number of consultation events which provided
an open forum for discussion of existing legislation, the operation
of current powers and possible options for the future. In addition
several faith organisations have submitted written responses to
the consultation process. Contributions to the consultation process
are currently under consideration.
16 September 2004
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