Supplementary memorandum submitted by
the Equality Commission
INTRODUCTION
1. The Equality Commission for Northern
Ireland initially submitted written and oral evidence to the Northern
Ireland Affairs Committee on Hate Crime. We welcome this opportunity
to provide further evidence to the Committee. We have only answered
the outstanding questions that are within our remit.
THE PROPOSED
DRAFT CRIMINAL
JUSTICE ORDER—QUESTION
7
Hate crimes against disabled people
2. 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 has difficulty in understanding why this approach
has not been extended to this section 75 ground.
Wider range of victim categories
3. The Commission recommends that some consideration
needs to be given to increased sentences for attacks motivated
by vulnerability, for example the recent increase in attacks on
elderly people. However this would need research and evidence
before legislation is enacted in this area. Some consideration
also needs to be given to gender; again care would need to be
taken to ensure that the legislation is focused and sends out
the appropriate message. The Commission has recommended in its
response to A Shared Future that the good relations duty is extended
to cover all section 75 categories.
Interagency approach
4. This mechanism has been very successful
as definitions have been agreed in areas of race, religious/faith
and homophobia in terms of monitoring incidents motivated by hatred.
This approach has also benefited agencies in terms of identifying
problems and coming up with solutions to alleviate those problems.
As stated during our oral evidence, the Commission wishes to see
the reporting and recording of sectarian motivated incidents so
that we can provide an appropriate response.
Training
5. The Commission believes that awareness
training in all areas of the criminal justice system is essential
if the system is to be responsive to the needs of those affected
by hate motivated crime or incidents.
False Hopes
6. The Commission has no evidence for this,
however we would like to stress that legislation can send out
a strong message and as we argued in our response to the Draft
Criminal Justice Order that we would "nonetheless wish to
see the widest publicity given to the significance of this prospect
of longer sentences for offences aggravated by hostility."
How successful is S75 providing to be, both in
achieving its aims and in directly contributing to an environment
in which hate crime does not flourish?
7. Section 75 of the Northern Ireland Act
1998 has placed the need to have due regard to the need to promote
equality of opportunity between nine categories and have regard
to promoting good relations between persons pf different religious
belief, political opinion or racial group.
8. Section 75 requirements to date have
enabled public authorities to:
— audit policies, written and unwritten,
and the currency and effectiveness of them;
— produce a written summary/version
of each unwritten policy;
— utilise screening, equality impact
assessment and consultation processes to make better public policy
decisions, in terms of those who use its services and those who,
for whatever reason, do not know about or do not access those
services;
— mainstream equality and good relations
considerations into policy formulation and review to better deliver
services to the public.
9. The Commission's Progress Report, highlighted
evidence of good progress being made on the good relations duty
by a number of authorities. Equality and good relations objectives
are being included in corporate, operational and business plans,
and cascaded down in organizations, including incorporations in
individual personal objectives.
10. Where a good relations policy strategy
had been developed this was being "screened in" for
equality impact assessment purposes. Public authorities applied
EQIA processes to good relations related policies such as; in
local councils—flying of flags, emblems, bunting; in health—terms
and conditions of hospital based nursing staff, to reflect the
increasing diversity within the workforce. This work has broadened
the good relations focus from an employer one (under the requirements
of FETO) to a public service delivery agenda.
Examples which illustrate its success in practice
11. Section 75 has led to the provision
of training courses in diversity, anti-sectarianism, anti-racism,
equal opportunities and anti-discrimination, good relations, prejudice
reduction etc., in public authorities.
12. The provision of such training will
have the effect of raising awareness of equality, diversity, multi-culturalism
and good relations across the public sector and therefore of a
significant proportion (almost a third) of the (monitored) workforce
in Northern Ireland. In addition, training is often provided to,
as well as by, affected groups representing the nine section 75
categories.
13. The Further Education Colleges have
taken considerable steps to progress the good relations duty.
A three-year programme, AGREE (Actioning Good Relations, Equity
and Equality), aimed at mainstreaming the principles and practices
of equity, diversity and interdependence within the Colleges,
has been drawn up by the Association of NI Colleges (AN IC) and
the Colleges, in conjunction with Trademark (a non-profit making
consultancy). This course has been accredited by the NI Open College
Network at Level 3, and aims to build capacity within the Colleges
by training staff to become trainers in the areas of race, religion
and political opinion. The first AGREE course began in May 2003
and a second course will begin in September 2003.
14. In addition, ANIC is currently in the
process of recruiting a research group to carry out a research
project on the "chill factor" in Colleges.
15. In January 2001, Belfast City Council
adopted a fourth core objective of Good Relations to complement
its existing objectives of Civic Leadership, Best Value and Sustainable
Development. The impetus for this new objective was derived partly
from new statutory duties set out in the Northern Ireland Act
1998 but was also based on work on community relations and cultural
diversity.
16. The Good Relations objective provides
a means of integrating and developing the Council's current work
in the areas of equality, community relations and cultural diversity
and demonstrates its commitment to their underlying principles.
CHANGES IN
PRACTICE, CULTURE
AND ATTITUDES—QUESTION
8
Good Relations
17. The Commission has a unique role and
associated experience in terms of monitoring the implementation
of the good relations duty under section 75 of the Northern Ireland
Act. The Commission also ensures that public authorities effectively
implement their good relations duty under the Race Relations (NI)
Order 1997 and, comply with their responsibilities under the Fair
Employment and Treatment (NI) Order 1998.
18. The Commissions extensive experience
in relation to religious belief and political opinion grounds
in ensuring employers meet their obligations under FETO to promote
good and harmonious working environments, is a key element in
a good relations strategy. Quite often in Northern Ireland, the
workplace provides the only common meeting place, successful good
relations work undertaken by progressive employers in relation
to anti-sectarianism can provide lessons for good relations in
local communities.
19. In terms of good race relations, much
of the Commissions work has been underpinned by a commitment to
strengthening good relations. This includes our foundation of
the Minority Ethnic Liaison Forum, our leadership on European
Anti-Racism Week, our provision of financial and other assistance
to the sector and our membership of the UK Race Equality Network.
Progress to date
20. The Commission has provided advice and
guidance to public authorities. This is summarised as follows:
— Section 75: Schedule 9 of the Northern
Ireland Act 1998 requires the Commission to advise on the good
relations duty, to oversee the implementation of the statutory
duties and to keep under review the effectiveness of the legislation.
— The Commission has provided the Guide
to the Statutory Duties (2000, revised 2003 and shortly to be
reissued following extensive consultation). This Guide includes
Commission advice on the implementation of both duties under section
75.
21. The Commission is monitoring the extent
of implementation of the good relations duty by public authorities
through progress reports and meetings with public authority equality
officers. This includes monitoring the development, screening
and equality impact assessment of good relations policies. In
particular, the Commission responds to equality impact assessments
and provides ongoing advice on the section 75 and FETO implications
of policies with implications for good relations such as policies
on the flying of flags, display of emblems etc.
22. The Commission has produced a number
of guidance documents, including statutory codes of practice on
the Elimination of Racial Discrimination and the Promotion of
Equality of Opportunity in Employment and on Racial Equality in
Housing and Accommodation. We have also produced Good Practice
Guides on Racial Equality in Education and Racial Equality in
Health and Social Care. A further Good Practice Guide on Racial
Equality for Travellers in Planning is currently being finalised,
and a draft guide on Racial Equality in the Provision of Goods,
Facilities and Services is being prepared for consultation.
23. The Commission has also undertaken research
on the experiences of Black and Minority Ethnic and Traveller
communities accessing services in Northern Ireland.
24. The Commission has produced the Fair
Employment Code of Practice, Article 55 Review Booklets (to assist
employers to conduct tn-annual reviews), customised Article 55
Review Booklets for Local Councils and other parts of the public
sector, and Model Equal Opportunities and Harassment Policies
and Procedures. The Commission analyses progress through detailed
examination of Article 55 review reports, provides feedback on
progress and makes recommendations to employers, including public
authorities, on the use of affirmative action measures, to secure
and maintain fair participation.
25. The Commission is working hard to ensure
that A Shared Future as a policy concept embraces diversity in
all its forms and does not simply focus on sectarianism to the
detriment of racism, homophobia and sexism. The Commission has
recommended that the Good Relations Duty should be extended to
cover all the relevant equality categories in the Shared Future
and in the Single Equality Act.
May 2004
| 
