Memorandum submitted by the Equality Commission
for Northern Ireland
INTRODUCTION
1. The Equality Commission ("the Commission")
is an independent body, established under the Northern Ireland
Act 1998, with responsibility for the legislation on equal pay,
sex discrimination, disability discrimination, fair employment
and treatment, race relations and the public sector statutory
duty. The aim of the Commission is to value and promote respect
for diversity, eliminate unlawful discrimination, and achieve
equality of opportunity for all.
2. The Commission welcomes the opportunity
to provide evidence to the Northern Ireland Affairs Committee
on hate crime, as we recognise the deep rooted divisions within
our society and the impact that this has on the daily lives of
many people. The Commission recently responded to the race and
sectarian crime legislation in February 2003 and we have submitted
our response to the Criminal Justice (NI) Order 2004. This submission
is consistent with those recommendations.
3. The Commission is taking account of these
wider legislative duties and how they may be harmonised and included
in the Single Equality Act in the best interests of all the groups
currently covered by the anti-discrimination legislation and section
75 of the Northern Ireland Act. The Commission has recommended
in its response to the Shared Future strategy that the good relations
duty should be extended to be inclusive of other equality groups
under Section 75.
QUESTIONS POSED
BY THE
COMMITTEE
The reasons for the reported increase in crimes
and incidents motivated by hatred within and between the communities
in Northern Ireland
4. The Commission is in no doubt that hate
crimes are on the increase, across a number of sections of our
community, most notable being committed against black and ethnic
minorities, gay, lesbian and bi-sexual people, people of different
religious beliefs and also disabled people. Recent research on
racist and homophobic crime in Northern Ireland suggests that
the percentage of people who had experienced violence and harassment
was higher than indicated by comparable surveys in Great Britain
and Ireland.
5. We however have seen an increased confidence
among members of the ethnic minority communities in reporting
hate crimes to the police. Since 1997 the PSNI introduced the
monitoring of race hate crime for the first time. Homophobic crime
is also beginning to be monitored. The Commission is however concerned
that the Police are not using their current powers to full effect
and this may reflect an inability in the past of the Police to
deal with this. The Commission in partnership with the Community
Involvement Branch of the PSNI is progressing the implementation
of an inter-agency reporting structure to ensue that more offences
are reported to the Police.
6. Statistics on the incidence of hate crimes
against disabled people in Northern Ireland are not available.
However, we know that levels of harassment against people with
learning disabilities are high. A Mencap report—"Living
in Fear"—published in 2000, showed that nine out of
10 people had been harassed in the past year because of their
disability, and for one third of people with a learning disability
this occurred on a weekly basis.
7. DRC Scotland Disability Awareness Survey
(2002) showed that a quarter of disabled people have experienced
harassment related to their disability and one in 20 disabled
people experience harassment on a regular basis.
8. Research by NACRO highlighted that disabled
people are four times more likely to be violently assaulted than
non-disabled people. They are also four times more likely to be
victims of sexual abuse and almost twice as likely to have their
homes burgled. The Report also revealed that while disabled people
experience greater actual crime and far more fear of crime than
the wider population, they are much less likely to report crimes
as the criminal justice system largely overlooks the needs and
concerns of disabled people. The report concluded that disabled
people are often targeted solely because they are disabled and
such crimes should be regarded in the same way as racially and
homophobic motivated offences.
9. Given the above we are therefore disappointed
to note that there are no proposals to extend this "offences
aggravated by hostility" approach to "aggravation related
to disability" as provided for in section 146 of the 2003
Act in GB. This is surprising in light of section 75 consideration,
we have difficulty in understanding why this was not extended
to disability.
10. In respect of hate crimes motivated
by sectarianism, recent survey analyses suggest that whilst there
has been a general improvement in attitudes in relation to community
relations between Protestants and Catholics. Evidence also shows
that Protestants and Catholics have differing attitudes on a range
of issues relating to improving community relations; Catholics
appear more amenable to efforts to promote cross-community contact,
whereas a perceived sense of mistrust and unease exists within
the Protestant community[1].
11. The issue of homophobic harassment has
recently come to the fore in Northern Ireland with at least two
murders in Belfast in the past year. Recent research[2]
points out that homophobic harassment involves attacks on lesbian,
gay and bisexual (LGB) men and women as well as people perceived
to be LGB. It includes assault, verbal abuse and bullying in the
workplace, on the street and social settings.
12. The research revealed that the percentage
of people who had experienced violence and harassment in Northern
Ireland was higher than indicated by comparable surveys in Great
Britain and Ireland.
13. Any serious programme to tackle hate
crime must include rigorous statistical information and other
data to ensure that hate crime legislation is effective and targeted
on groups who are experiencing this.
To examine the effectiveness of measures taken
by government and relevant agencies to tackle prejudice, and to
support victims of such prejudice
12. Traditional responses to hostility are
assumed to be the sole responsibility of the police. The Prevention
of Incitement to Hatred Act Northern Ireland 1970 made a criminal
offence wilfully to stir up hatred against a section of the community
including any section distinguished by race or religion. This
legislation was subsequently consolidated into the Public Order
(NI) Order. The findings of the Patten Report, the Criminal Justice
Review and the Report of the Stephen Lawrence Inquiry all point
to the need to develop a broader approach and to increase the
involvement of a wide range of statutory, voluntary and community
organisations, including those responsible for education, housing,
health and social services. These responsibilities to foster harmonious
relations are now underpinned by Section 75 of the Northern Ireland
Act 1998, which requires all statutory bodies to promote equality
of opportunity and good relations between persons of differing
religious beliefs, political opinion or racial group. Therefore,
improvements to Criminal Legislation, which act as a further deterrent,
and improvements in enforcement will contribute to the promotion
of good relations between different groups in Northern Ireland.
13. The Commission has responsibility for
the Fair Employment and Treatment Order, the development of a
good relations strategy under Section 75 of the Northern Ireland
Act and the Race Relations Order 1997 which can and should create
interdependence and develop respect for and understanding of the
needs and concerns of diverse communities.
14. A number of other developments have
also sought to tackle the problem of hate crime; Article 9 of
the European Convention on Human Rights provides that everyone
has the right to freedom of thought, conscience and religion.
Article 13 of the Treaty of Amsterdam includes as Employment Directive,
which requires member states to make discrimination unlawful on
grounds of religion or belief, disability, age or sexual orientation
in the areas of employment and training. It also includes a Race
Directive, which requires member states to make discrimination
on grounds of racial or ethnic origin unlawful in the following
areas: employment, training, education, access to social security
and health care, social disadvantage and access to goods and services,
including housing and accommodation.
15. The Commission is taking account of
these wider legislative duties and how they may be harmonised
and included in the Single Equality Act in the best interests
of all the groups currently covered by the anti-discrimination
legislation and section 75 of the Northern Ireland Act. The Commission
has recommended in its response to the Shared Future strategy
that the good relations duty should be extended to be inclusive
of other equality groups under Section 75.
16. Whilst we recognise the importance of
legislation in combating hate crime, we stress that this emphasis
should not overshadow the need for changes in practice, culture
and attitudes, and behaviour to combat prejudice of any kind in
wider society which reflects a broader community cohesion approach.
To assess the effectiveness of the existing law
and proposed changes to that law
Draft Criminal Justice NI Order
17. This Draft Order amends Northern Irish
law in two ways. First, it provides for increases in penalties
for specified offences aggravated by hostility. This is in contrast
to the approach in the Crime and Disorder Act 1998 in Great Britain
which introduced new offences of "aggravated offences".[3]
The Act specifies those offences which can be committed as aggravated
offences but also provides, in section 82 that the aggravated
nature of an offence can be taken into account in sentencing for
any offence other than those specific offences in sections 28-32
(and the 2001 Act equivalents).
18. The approach in the Draft Order is to
take a "section 82" approach in Northern Ireland, in
that Article 2 allows for an increase in sentence for offences
aggravated by hostility on grounds of race, religion or sexual
orientation. Article 4 then increases penalties for a range of
specified offences, frequently from five to seven years. It should
also be noted that, since the "Hate Crime" consultation
exercise, the Criminal Justice Act 2003, section 146, has allowed
for increases in sentences in Great Britain for aggravation related
to both disability and sexual orientation.
19. The Commission has consistently held
the view that the specific aggravated offences in the Crime and
Disorder Act 1998 should be extended to Northern Ireland. Nonetheless,
it is also the Commission's more general view that lessons should
be learnt from GB experience and that the legislative process
in Northern Ireland should be informed by "best practice"
from other jurisdictions. It is clear from the Consultative Paper
that research in Great Britain[4]
has indicated difficulties with the application of specific aggravated
offences.
20. In these circumstances, the Commission
is prepared to accept that the practical value of increases in
penalties for "offences aggravated by hostility" may
outweigh the symbolic effect of specific aggravated offences.
It would, however, be essential that this practical effect of
extended sentences is strongly advertised in order that an impression
is not created that lesser significance is being given to aggravated
offences in Northern Ireland than in Great Britain.
21. The Commission welcomes the extension
of the "offences aggravated by hostility" approach to
offences aggravated on grounds of sexual orientation. While noting
a similar extension in section 146 of the Criminal Justice Act
2003, the Commission considers that consultation upon, and equality
impact assessment of, the initial proposals contributed to this
outcome in Northern Ireland. However, the Commission is disturbed
to note that it is not, as yet, proposed to extend this "offences
aggravated by hostility" approach to "aggravation related
to disability" as also provided for in section 146 of the
2003 Act. Particularly in light of section 75 considerations,
the Commission is in difficulty in understanding why this approach
has not been extended to this section 75 ground.
22. The Commission accepts that an approach
of increasing penalties for "offences aggravated by hostility"
may have greater practical benefits than the creation of specified
aggravated offences. The Commission would nonetheless wish to
see the widest publicity given to the significance of this prospect
of longer sentences for offences aggravated by hostility. The
Commission welcomes the extension of this approach to offences
aggravated by hostility on grounds of sexual orientation but is
disturbed that the equivalent extension in Great Britain of this
approach to grounds of disability has not yet been adopted in
Northern Ireland.
Article 3: "Inciting hatred or arousing fear"
23. Northern Irish law on incitement to
hatred[5]
has gone beyond the equivalent law in Great Britain[6]
in a number of respects. First, it has included the concept of
"arousing fear" along with that of "inciting hatred".
Secondly, it covers religious as well as racial grounds.[7]
In light of the extension of the "offences aggravated by
hostility" approach to offences related to sexual orientation,
the Draft Order also extends the "incitement to hatred or
arousal of fear" provisions of the 1987 Order to include
sexual orientation.
24. The Commission is not aware of similar
potential attacks motivated by hatred against or fear of disabled
people. In these circumstances, after some consideration of this
matter, the Commission is not convinced that it would be appropriate
to extend the incitement law to include disability.
25. Furthermore the Commission notes that
Article 8 of the 1987 Order, as amended, refers to "hatred
against a group of persons" and "fear of persons".
The Commission welcomes this proposed extension to cover homophobic
incitement.
CONCLUSION
26. In conclusion therefore the Commission
wishes to emphasise the importance of both the criminal justice
system alongside the wider social policy agenda to combat hate
crime in Northern Ireland. The Commission discussions to date
on this wider social policy agenda has included the need to give
consideration to hostile and violent crime against vulnerable
people, including women, older people and young people. It is
vital that the latter is properly resourced and developed consistently
to ensure a "joined up approach."
27. As a single Equality Commission with
responsibility for multiple equality grounds, we wish to see equal
protection for all in our society, though we recognise that these
may entail different legislative and policy measures.
April 2004
1 Hughes, J et al, 2003. Community Relations
in Northern Ireland: The Long View. Belfast ARK. Back
2
Jarman, N & Tennant, A. 2003 An Acceptable Prejudice? Homophobic
Violence and Harassment in Northern Ireland. Belfast, Institute
for Conflict Research. Back
3
For example, sections 28-32 in England and Wales in relation
to racially-aggravated offences and section 39 of the Anti-terrorism,
Crime and Security Act 2001 which extended these offences to include
religiously aggravated offences. Back
4
Institute of Criminology, Cambridge University, "Racist
Offences-How is The Law Working?" (July 2002), referred to
in the Consultation Paper, 4.3 and ff. Back
5
The Public Order (Northern Ireland) Order 1987. Back
6
The Public Order Act 1986. Back
7
The 1986 Act is now amended by the Anti-terrorism, Crime and
Security Act 2001 to include religious grounds. Back
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