Select Committee on Northern Ireland Affairs Minutes of Evidence


Memorandum submitted by Her Majesty's Government

INTRODUCTION

  1.  The Government welcomes the Northern Ireland Affairs Committee's initiative in undertaking an inquiry into "hate crime" in Northern Ireland.

  2.  Hate crime is an issue of particular concern in Northern Ireland. The Government has frequently put on record its abhorrence of all forms of intolerance and is committed to eradicating all such manifestations of hatred, whether motivated by racism, sectarianism or homophobia.

  3.  Enforcement action by the Police Service of Northern Ireland will continue to be the key to tackling hate crime. But enforcement action will accompanied by a range of actions:

    —  legislation giving courts the power to impose heavier sentence where an offence is aggravated by hostility based on religion, race or sexual orientation;

    —  action to protect vulnerable communities; and

    —  action on education, housing, health and social policy issues

  4.  The Government would stress that the issues raised by hate crimes, and broader issues of prejudice and equality in Northern Ireland, are issues for all sections of society. In addressing these issues we must, however, avoid demonising entire areas and communities.

  5.  The following memorandum sets out—very briefly—the Government's views on the reasons for the reported increase in crimes and incidents motivated by hatred in Northern Ireland, how it is attempting to mitigate the impact of hate crime and the measures that it is taking to tackle the underlying causes of hate crimes and incidents. It follows the structure of the Committee's terms of reference for the inquiry.

THE REASONS FOR THE REPORTED INCREASE IN CRIMES AND INCIDENTS MOTIVATED BY HATRED WITHIN AND BETWEEN THE COMMUNITIES IN NORTHERN IRELAND

Statistical evidence of an increase in crimes and incidents motivated by hatred

  6.  The Police Service for Northern Ireland (PSNI) collects information on the number of racial incidents[5] and homophobic incidents. Until now there has been no systematic collection and recording by the police of sectarian incidents, although they have now begun to address this.

  7.  The figures for homophobic incidents over the past four years are set out in Table 1. This shows a fall in the number of such incidents in both 2001-02 and 2002-03, with an increase in 2003-04.

  8.  The statistics for racial incidents show that reports of these incidents and racially motivated crime in Northern Ireland have increased significantly[6]. The figures for racial incidents are set out in Table 2. These figures present a deeply disturbing picture. The Government has no doubt that these figures represent a very substantial real increase in the number of racial incidents and racist attacks in Northern Ireland.

  9.  Moreover, behind the figures lies a higher pro rata level of racial incidents per head than for most districts of England and Wales. The Northern Ireland 2001 Census numbers the minority ethnic population at 14,279, approximately 0.85% of the total population.[7] The rate of racial incidents in Northern Ireland in 2001-02 equates to 12.9 per 1,000 minority ethnic population, compared with 6.7 for the same period in England and Wales. Earlier years show a similar disparity. While it is difficult to make direct comparisons across jurisdictions, it appears that racial incidents are more prevalent in Northern Ireland than in most parts of England and Wales.

Geographical location of racial incidents in Northern Ireland

  10.  A detailed analysis of the 881 racial incidents recorded by the police between 1996 and 2001[8] showed that while incidents had been recorded in 67 towns and villages across Northern Ireland, 49% of all incidents were recorded in Belfast. 47% of those incidents were recorded in the south of the city. This may be attributed in part to the relatively high (in Northern Ireland terms) minority ethnic population in South Belfast and to the fact that area has a reputation as an entertainment and leisure area, which attracts people from a wide area.

  11.  Recent press reports have highlighted a spate of racist crimes committed against minority ethnic people in South Belfast—in particular in the Village area of South Belfast. Police statistics on reports of racial incidents provide evidence that there has been an upsurge of such incidents in the Village and adjacent areas. From 1 April 2003 to 29 January 2004, police recorded 99 racial incidents in the Urban Region of Belfast, the "vast majority" of which were in the Village area.

  12.  The Government has frequently and robustly put on record its abhorrence of all forms of intolerance and stressed its commitment to eradicating all manifestations of hatred, and to the creation of a safer and more tolerant Northern Ireland. It has also specifically condemned these recent racial incidents. It believes that the key to tackling racial incidents, here as elsewhere, is enforcement action by PSNI. However, it believes that it is essential to understand and tackle the circumstances that appear to have catalysed hostility in the Village area if action is to be effective.

  13.  Government is also conscious of the need to avoid the temptation to demonise entire areas and communities. To stereotype people as racists because of where they live or their community background would be an act of prejudice in itself. Racial incidents—or incidents motivated by other types of hatred and prejudice—and racial inequalities are issues for all sections of society, and can arise anywhere.

Underlying causes for the recent spate of racial incidents in South Belfast

  14.  The underlying causes for the spate of racist violence are complex and inter-linked. They are far from unique to this particular area of South Belfast, although they present here in a more acute form—possibly because of the relatively small number of minority ethnic people in Northern Ireland, the availability of inexpensive housing in this area in which there is already a concentration of minority ethnic people, and the paramilitary dimension. Indeed, Belfast South constituency has by far the highest percentage of minority ethnic residents in Northern Ireland albeit at only around 3% of constituency residents. The conflict in Northern Ireland over the past 30 years has created patterns and attitudes—such as residential segregation and heightened territorial awareness—that now adversely affect minority ethnic communities

  15.  The underlying causes identified for the spate of racial incidents may be summarised as follows:

    —  Socio-economic factors/housing

    The economic and social decline of the area is well charted[9]. Population decline within the area—and the related decline in property values—has opened up opportunities for property speculators. Substantial numbers of properties have been transformed into multiple occupancy, and there has been a considerable expansion of the private rented sector within the area. This has been cited as being a key factor in arousing resentment of the "indigenous" community. There is a widespread perception that local people are finding it increasingly difficult to obtain affordable housing within their community and close to their extended families. The rate of these developments in the property market over the last year has been very much accelerated.

    —  Labour market issues

    The availability of a plentiful supply of rented housing in the area, together with its location close to the city centre, Queen's University Belfast and the Royal Group of Hospitals has attracted substantial number of students and others seeking housing, including new migrants and nurses recruited from abroad to work in local hospitals. Locals mention "a perceptible increase" in the Chinese community around Donegall Pass and in asylum seekers and members of minority ethnic communities in private rented accommodation in the Village area.

    —  Local fears

    The "traditional" communities in the Village and around Donegall Pass, are said to feel themselves to be besieged and under threat. (This is very much the tenor of a leaflet—entitled Yellow Invasion. Who's (sic.) "Pass" is it?—that was circulated in the Donegall Pass area in early March 2004.) This has contributed to a climate where actions against perceived "threats" can and have occurred. In recent years students, nurses and young professionals in rented accommodation have all been the targets of intimidation.

    —  Misconceptions of some Minority Ethnic people and the "baby boom"

    A disturbing feature of the recent race attacks has been the number of pregnant women (or women with very young babies) who have been attacked. There are suggestions that pregnant women have been led to believe—wrongly—that if their child is born in Belfast the parents will be able to obtain Irish citizenship and that there are lucrative trafficking operations. There are stories that the Royal Victoria Hospital has been inundated with minority ethnic women in an advanced state of pregnancy.

    —  The paramilitary dimension

    There is a view that protection rackets being run by local paramilitaries lie at the root of at least some of the attacks. It is reported that Chinese owned businesses and restaurants in the area are routinely required to pay protection money to loyalist paramilitaries.

    At least some of the attacks would appear to have been motivated by what might be termed "casual" racism, which may have been stirred up by leafleting campaigns by British racist groups. A member of the British National Party visited Belfast towards the end of 2003 and the BNP clearly see Northern Ireland as a potentially fruitful recruiting ground. The links between racist organisations in Great Britain and aspects of loyalism have been fairly well documented.

  16.  The Government is committed to a co-ordinated response to the attacks—and underlying issues—and to the problem of racial incidents throughout Northern Ireland. Government adopts a layered—long- and short-term, general and specific—approach to tackling both cause and effect in the South Belfast and Northern Ireland more generally. The Government is determined that lessons will be learned from the spate of attacks in South Belfast that will allow it to hone action against racism across Northern Ireland.

THE EFFECTIVENESS OF MEASURES TAKEN BY GOVERNMENT AND RELEVANT AGENCIES TO TACKLE PREJUDICE, AND TO SUPPORT THE VICTIMS OF SUCH PREJUDICE

Community Safety

  17.  Within Northern Ireland's Community Safety Strategy, hate crime is identified as a key issue with clear commitments to bring about legislative change, develop effective local strategies and solutions, commission research into the nature and extent of racially motivated crime and establish a multi-agency system to record and monitor racial incidents.

  18.  Hate crime and incidents will also impact on other key issues within the strategy including; tackling anti-social behaviour and neighbourhood disorder, addressing the fear of crime and reducing business and retail crime.

Recording and monitoring hate incidents

  19.  The Community Safety Unit of the NIO is facilitating the development of a Multi-Agency Working Group on Recording and Monitoring of Incidents Motivated by Hatred. It is intended to expand the work of this group to implement a number of key tasks; for example, a social marketing campaign to promote the benefits brought to Northern Ireland by minority ethnic people. The Working Group would link to the Northern Ireland Race Forum (described below) and act as its implementation wing.

Community Safety Partnerships

  20.  At local level, the Community Safety Unit will stimulate Community Safety Partnerships to address Hate Crime. Community Safety Co-ordinators will engage with local groups and agencies, building on local partnership structures to prevent hate crime occurring, protect and support those who experience it and bring to justice those who perpetrate it. The Unit has recently funded a number of local projects generated by Community Safety Partnerships to address Hate Crime issues. In addition, the Unit is currently developing strategies to deploy CCTV systems and tackle crime against vulnerable people and grants for small businesses, all of which will impact on minority ethnic groups and individuals.

Victim Support

  21.  The Community Safety Unit also funds the work of Victim Support. As an organisation Victim Support often faces difficulties in organising services for ethnic minority groups because of language and other cultural barriers. They are, however, committed to ensuring that all sections of the community are offered emotional support and practical help. This is particularly relevant for victims of racist violence who would be eligible to apply for Criminal Injuries Compensation.

Victim Service to the Chinese Community

  22.  The police and Victim Support have had contact with the Chinese Welfare Association to discuss proposals to improve victim service to the Chinese Community. These include:

    (a)  The Chinese Welfare Association (CWA) will identify bilingual members who will be selected and trained Victim Support Volunteers.

    (b)  On receipt of referrals where a crime/racial incident has been perpetrated against member/s of Chinese Community, Victim Support (VS) will be able to identify a trained Volunteer from the Chinese community to provide emotional support and practical help—including helping a person complete an application form for compensation.

    (c)  VS will have primary responsibility for the management of Volunteers from the Chinese community.

    (d)  VS will adapt their Training Pack to ensure that it is sensitive and respectful of cultural issues.

    (e)  VS will continue to work with management of CWA to identify gaps in service provision and to work together to develop more effective services to victims of the Chinese community.

  The Community Safety Unit sees this proposal as a pilot that could be replicated with other minority ethnic groups in NI.

Good Relations Policy

  23.  The Government is currently developing its policy on improving relations in Northern Ireland. Respondents to the Shared Future consultation have urged Government to deliver policies for good relations that will address the following priorities (in ranked order).

    —  To eliminate sectarianism, racism, and enable people to live and work without fear or intimidation.

    —  To reduce tension and conflict at interface areas.

    —  To support the development of integrated/shared communities.

  The Government will present proposals later this year to for a new cross-departmental strategy and framework to promote good relations between and within communities in Northern Ireland.

Northern Ireland Race Equality Strategy

  24.  The Government is also finalising its Race Equality Strategy for Northern Ireland. This will involve co-ordinated actions across the Northern Ireland Administration, the NIO, and relevant agencies, developed through close contact and consultation with minority ethnic voluntary organisations and representatives of minority ethnic communities. Following a period of broadly based and inclusive public consultation in 2003, the final strategy will be launched this summer. It will cover the full range of policy issues that impact on the daily lives of our citizens from minority ethnic communities.

Northern Ireland Race Forum

  25.  The Government has also set up a Race Forum. It has a key role in the development and implementation of the Northern Ireland Race Equality Strategy, and in helping to tackle issues of concern to minority ethnic people. The Forum comprises representatives of minority ethnic communities alongside those from Northern Ireland Departments, statutory bodies and voluntary and community organisations.

Funding Scheme for Minority Ethnic Voluntary Organisations

  26.  A funding scheme for minority ethnic voluntary organisations was established in OFMDFM in April 2001. The scheme supports voluntary and community groups to assist in the improving of relations between different ethnic groups and with, of course, the majority community. Awards of £0.5 million in respect of 21 organisations were announced on 22 March 2004. Proposals in relation to the development of the fund will be brought forward as part of the Race Equality Strategy.

Discussions with political representatives

  27.  Northern Ireland Departments are engaged in discussions with political representatives and are working with community organisations and minority ethnic organisations to identify and tackle issues at a local level.

Neighbourhood Renewal Strategy

  28.  Implementation of the Neighbourhood Renewal Strategy in Belfast, led by the Department for Social Development and aimed at tackling the social and economic deprivation that can prove the breeding ground for racial attacks to flourish in areas such as the Village, will be an important policy intervention.

Health, Housing and Education

  29.  Northern Ireland Departments are currently in discussion about how to address issues relating to health, housing and education that have been thrown up by the spate of racist attacks in South Belfast.

  30.  The Northern Ireland Housing Executive (NIHE) was recently granted enhanced powers to address the perpetrators of race hate crimes through injunction irrespective of their tenure; previously, redress had only been available against NIHE tenants. The NIHE also provides rehousing in the event of intimidation—temporarily pending investigation, and permanently when appropriate. The NIHE staff has been provided with written guidance and training to deal with housing and homeless applications to ensure that all incidents, whether racial, terrorist or sectarian intimidation, are treated with the same degree of urgency and sensitivity.

  31.  The Department of Education is piloting a Local and Global Citizenship component for the school curriculum. This will seek to give pupils knowledge and understanding of their own and others' beliefs, values and cultural traditions.

Action on sexual orientation

  32.  Government is developing a strategic action plan on sexual orientation. The Office of the First Minister and Deputy First Minister (OFMDFM) has met representatives of sexual orientation groups who highlighted the issues facing them. The Department will work with these groups to develop proposals for action, and has already financially supported the publication of research by some organisations.

  33.  OFMDFM has also commissioned research on the issue of sexual orientation in relation to the promotion of equality, information gaps, both qualitative and quantitative, and the provision of recommendations for future data collection and research. This report is due to be published in late Spring 2004.

THE EFFECTIVENESS OF THE EXISTING LAW AND PROPOSED CHANGES TO THAT LAW

  34.  An important feature of the Government's strategic and operational response to the problem of "hate crime" has been its review of criminal legislation in this area. The Government sees it as vital clearly to demonstrate its intolerance of such actions through the weight of the criminal law. The justice system must be able to respond to criminal behaviour firmly and appropriately and it is essential that prosecutors and courts have the tools available to them to deal with such behaviour.

  35.  Research commissioned by the Northern Ireland Statistics and Research Agency[10] and published in 2000 had already identified issues around racial prejudice in Northern Ireland, and as public concerns about "hate crime" grew, the Government carried out a public consultation exercise in 2003 on policy proposals for new legislative provisions. The consultation document contained proposals for extra sentencing powers for offences motivated by religious or racial hostility. And while it did not focus specifically on hostility based on sexual orientation, consultees also considered this to be an area of concern.

  36.  In publishing proposals for new legislation, the Government was recognising that the extant criminal law may not be sufficient with regard to this area. This was also in the knowledge that legislation had developed in England and Wales to provide courts with wider sentencing powers. The time was right to review our legislation.

Current legislation: Northern Ireland and England and Wales

  37.  In England and Wales, the Crime and Disorder Act 1998 made specific provision for racially motivated offences. The Act created nine racially aggravated offences with greater maximum sentences than the "ordinary" equivalent offences. The Anti-Terrorism, Crime and Security Act 2001 extended the protections to religion; the Criminal Justice Act of 2003 extended them by creating similar provisions with regard to sexual orientation and disability.

  38.  Unlike England and Wales, there are currently no specific offences in statute in Northern Ireland in the area of "hate crime". And for those offences created in the Crime and Disorder, and Criminal Justice Acts, the maximum penalties are higher than in Northern Ireland. This is not to imply that crimes motivated by hatred go unpunished in Northern Ireland. Under sentencing guidelines, sectarian or racial motivation can be regarded as an aggravating factor which can then result in longer sentences than those not so motivated. More generally, sentencers in Northern Ireland have similar if not identical powers to those in England and Wales—particularly in relation to serious violent crime. It is the relevant offences created in the Crime and Disorder and Criminal Justice Acts where maximum penalties differ.

  39.  Public order legislation in Northern Ireland differs from that in Great Britain and offences defined by the Public Order Act 1986 do not exist here in the same form. The Public Order Act 1986 defines racial hatred as "hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins". It provides that a person is guilty of an offence if by his actions he intends to, or is likely to, stir up racial hatred. The Northern Ireland equivalent to the Public Order Act 1986, the Public Order (Northern Ireland) Order 1987, contains similar provisions relating to incitement to racial hatred. It goes beyond the Great Britain legislation both by including the concept of arousing fear along with stirring up hatred and by including religious as well as racial grounds. It does not, however, include the offences contained in section 5 of the 1986 Act (which include the display of any writing, sign "or other visible representation" which is threatening, abusive or insulting "within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby").

The new proposals

  40.  In response to the consultation, Government recently published proposals to specifically update the law on "hate crime". (A copy of the draft Order in Council and the accompanying Explanatory Document have already been provided to the Committee but are additionally included with this Memorandum for convenience.) In broad terms, the proposed draft Criminal Justice (Northern Ireland) 2004 Order—which also deals with the completely separate but equally important problem of so-called "joyriding""—does three things:

    —  Where an offence is aggravated by hostility, the court is required to treat the aggravation as a factor that increases the seriousness of the offence and when there has been such aggravation, sentencers will be required to state this in open court.

    —  It increases the maximum penalties which can be imposed—examples of proposed increases being: "grievous bodily harm" and "putting someone in fear of violence" will increase from 5 to 7 years; and criminal damage will increase from 10 to 14 years imprisonment. (The penalties are being increased across the board—not solely where racial, religious or sexual orientation aggravation exists.) The full proposals on offences and increased penalties are detailed by way of a list at Annex A.

    —  And it includes groups defined by sexual orientation within those already protected under public order law. (The protections currently apply with regard to religious belief, colour, race, nationality, ethnic or national origins.) The use of threatening, abusive, or insulting words or behaviour; the display and distribution of written material; and related activities intended or likely to stir up hatred or arouse fear will be offences if based on a person's sexual orientation. Inciting hatred or fear based on sexual orientation will also therefore attract a penalty of up to six months imprisonment.

  41.  An offence is aggravated if, either at the time of the offence, immediately before or after its commission, the offender demonstrates hostility to the victim based on the victim's racial or religious group, or on his/her sexual orientation. In addition to hostility based on the victim's individual racial, religious or sexual orientation group, aggravation can exist if the offence is motivated wholly or partly by hostility based on membership, or presumed membership of one of those groups.

  42.  Racial group has the same meaning as in the Race Relations (Northern Ireland) Order 1997 ie "a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to a person's racial group refer to any racial group into which he falls". Racial group includes the Irish Traveller community. Religious group is a group of persons defined by reference to religious belief or lack of religious belief. Sexual orientation group is a group of persons defined by reference to sexual orientation and will cover heterosexual, homosexual and bisexual orientations. Membership includes association with members of those groups.

Proposed law: Northern Ireland compared to England and Wales

  43.  The legislative proposals for Northern Ireland differ from the law in existence in England and Wales in three broad ways—two in terms of approach, and one in terms of scope. On approach, firstly, Northern Ireland will not create specific racial, religious, or homophobia aggravated offences. The proposal adopts a more general approach—to increase the penalties available to the court and allow it to increase sentences as appropriate where hostility has been established. This approach allows prosecutors greater flexibility in prosecution, and sentencers greater flexibility in sentencing. The creation of specific—for example—racially motivated offences, can make successful prosecution for the underpinning offence more difficult if the racial motivation cannot be established. The intention is to ensure that the base conviction can still be secured.

  44.  Secondly on approach, for Northern Ireland the provisions will be applied when there is hostility based on a victim's membership of a group or where the offence is motivated by hostility towards the group. The concept of "group" is at the heart of the proposals—unlike England and Wales where a mixed approach is taken. For example, under the Crime and Disorder Act, racial hostility to a particular individual must be demonstrated to secure conviction; whereas under the Criminal Justice Act, hostility towards sexual orientation can be demonstrated by hostility to the group. For Northern Ireland, prosecution for hostility towards a victim's membership or perceived membership of a group, or for the offender's hostility towards a group, provides the criminal justice system with the flexibility required to successfully tackle this problem in its early stages.

  45.  In terms of scope, the proposals for Northern Ireland do not extend to hostility towards individuals with disability—provision for which was recently included in the Criminal Justice Act 2003. Firstly and most importantly, the inclusion in our consultation of proposals with regard to racial and religious hostility arose from strong public recognition and clear evidence of there being a problem. And for sexual orientation, along with emerging research in the area, this too emerged in consultation. And whilst we recognise that vulnerability is an issue particularly for the disabled, the extent to which they may be targeted as a group is probably motivated more by opportunity than hostility. Our approach of broadening penalties in key offences which will apply to all will provide that the disabled—along with elderly people, young people or indeed people with injuries—will have similar protections available to them.

  46.  In summary, the draft Criminal Justice (Northern Ireland) Order 2004 brings forward legislative proposals specifically designed to tackle the problems in Northern Ireland. The Government's aim is that this legislation will provide the criminal justice system with the powers and flexibility to deal with "hate crime" in its varied forms. And as part of the wider strategy described elsewhere in this Memorandum, to demonstrate its commitment to eradicate such manifestations of hatred; and to bring about a society which recognises the full and equal worth of identities, senses of allegiance and ethos of all sections and communities in Northern Ireland.

March 2004

Table 1

Police Service of Northern Ireland

Homophobic Incident Statistics 2000/01—2003/04 (part year to 10 Feb 2004 only)


2000-01
2001-02
2002-03
2003-04
(10/2/04)

Verbal Abuse/Threat
9
5
10
17
Written Material
1
1
Graffiti
5
Physical Assault
30
19
16
29
Attack on Home
7
5
5
2
Attack on Property
4
4
2
5
Other
6
6
2
1
Total
57
40
35
59


Table 2

Police Service of Northern Ireland

Racial Incident Statistics for 1998/99—2003/04 (part year to 10 Feb 2004 only)


1998-99
1999-2000
2000-01
2001-02
2002-03
2003-04
(10/2/04)

Verbal Abuse/Threat
32
67
77
50
56
78
Written Material
1
4
1
4
3
7
Graffiti
5
7
6
2
4
6
Physical Assault
15
54
58
37
50
81
Attack on Home
13
53
49
38
59
103
Attack on Property
20
37
45
33
39
36
Other
7
15
24
21
15
11
Total
93
237
260
185
226
322





5   A "racial incident" means any incident with a race dimension-and covers both crimes and non-crimes (to use the McPherson phrase). While it includes attacks on people and property it also includes incidents which would not normally result in criminal proceedings." Back

6   There are, of course, several factors that may have contributed to the increase in reports (an increase in the number of people who are prepared to report incidents to the police; improvements in police incident-recording mechanisms; the impact of the high-profile Stephen Lawrence Report on attitudes towards reporting and recording of incidents) Equally, there is a range of factors, which PSNI and other agencies are seeking to address, that may limit the reporting of racial incidents. These factors and those mentioned above, are, however, not unique to Northern Ireland. Back

7   However, organisations in the sector estimate the minority ethnic population of NI at 2%. They attribute this disparity to several communities not having completed the census. Back

8   Racist Harassment in Northern Ireland by Neil Jarman and Rachel Monaghan of the Institute for Conflict Research. Back

9   eg in the Belfast Implementation Plan for the neighbourhood renewal strategy. Back

10   Racial Attitudes and Prejudice in Northern Ireland by Drs Paul Connolly and Michaela Keenan, February 2000. Back


 
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