Select Committee on Northern Ireland Affairs Minutes of Evidence


Supplementary memorandum submitted by Her Majesty's Government

INTRODUCTION

  1.  The Government is pleased to respond to the Northern Ireland Affairs Committee's request for further written evidence to its inquiry into "hate crime" in Northern Ireland.

  2.  As requested by the Clerk to the Committee, this memorandum focuses on sectarian hate crime and the measures being taken by Government to address it through action in the areas of criminal justice, victims, community relations, equality, housing and education. It includes updates on the status of the community relations strategy, the race equality strategy and the strategic action plan on sexual orientation. It also briefly provides up to date data on racist incidents.

  3.  As stated in our previous memorandum (March 2004), it is our view that enforcement action by the Police Service of Northern Ireland (PSNI) will continue to be the key to tackling hate crime. But enforcement action alone will not tackle the deep-seated problems that we need to address. Accordingly, it will be 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, disability or sexual orientation;

    —  Action to protect vulnerable communities; and

    —  Action on education, housing, health and social policy issues.

  4.  As stated previously, Government is committed to eradicating all manifestations of hatred, whether motivated by racism, sectarianism or homophobia. There are norms and behaviours within society that are acceptable and those that are not acceptable. The hate crime legislation proposed by Government will deal firmly with behaviour that is not consistent with what is acceptable in a civilised society.

  5.  Following representation from the Northern Ireland Affairs Committee during this inquiry the Government has accepted the Committee's recommendation to include in the draft Order provisions to protect people with disabilities. This is detailed in the letter dated 29 June 2004 from Rt. Hon John Spellar MP, Minister of State for Northern Ireland. The Criminal Justice (Northern Ireland) Order 2004 will be tabled in the House on 26 September.

UPDATE ON HATE CRIME INCIDENTS

  6.  The original memorandum [Tables 1 and 2] provided statistics on homophobic and racial incidents for a number of years, including 2003-04 up to 10 February 2004. The revised tables below show the data updated to 31 March 2004. These confirm the anticipated increase in reported incidents. Paragraphs 7, 8 and 9 of the original memorandum commented on the statistics. In particular, it acknowledged that the racial incident figures represented "a very substantial real increase"", but they were silent about social groups, there being no relevant data on those. We have nothing to add to that commentary.

Table 1:  Homophobic Incident Statistics 2000-01—2003-04


2000-01
2001-02
2002-03
2003-04

Verbal Abuse/Threat
9
5
10
14
Written Material
1
1
Graffiti
1
Physical Assault
30
19
16
35
Attack on Home
7
5
5
10
Attack on Property
4
4
2
10
Other
6
6
2
1
Total
57
40
35
71


Table 2:  Racial Incident Statistics for 1998-99—2003-04


1998-99
1999-2000
2000-01
2001-02
2002-03
2003-04

Verbal Abuse/Threat
32
67
77
50
56
109
Written Material
1
4
1
4
3
10
Graffiti
5
7
6
2
4
7
Physical Assault
15
54
58
37
50
103
Attack on Home
13
53
49
38
59
148
Attack on Property
20
37
45
33
39
57
Other
7
15
24
21
15
19
Total
93
237
260
185
226
453


SECTARIAN HATE CRIME

  7.  Paragraph 6 of the Government's original memorandum to the Committee pointed out that "until now there has been no systematic collection and recording by the police of sectarian incidents, although they have now begun to address this".

  8.  The Police Service for Northern Ireland (PSNI) is now in the final stages of developing arrangements for such a system, which will address incidents of religious and / or political motivation. Details are to be announced in the Autumn as part of PSNI's new Hate Crime Policy.

RECORDING AND MONITORING HATE INCIDENTS

  9.  Separately, the Community Safety Unit of the Northern Ireland Office is facilitating the development of a broader system for registering hate crime incidents in Northern Ireland. It is intended that this will record incidents motivated by hatred based on religion, race, sexual orientation and disability. It is also 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 people from a minority ethnic background. The Working Group would link to the Northern Ireland Race Forum (described below) and act as its implementation wing.

  10.  The CSU is also bringing together a number of key statutory and voluntary bodies to initiate arrangements for responding to hate crime incidents, particularly those of a racist nature. It is intended that the arrangements will include both physical measures for the protection of those subject to such incidents, and associated advice and guidance on available support services.

COMMUNITY SAFETY

  11.  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.

  12.  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 particularly among Older People and the more vulnerable within local communities here, and reducing business and retail crime.

  13.  The memorandum of 25 March 2004 set out Government's actions on Victim Support and the Victim Service to the Chinese Community (paras. 21 and 22 refer).

EQUALITY, GOOD RELATIONS, RACE RELATIONS, VICTIMS AND SURVIVORS

The next section of the memorandum provides background to a number of key policy areas in the Equality Directorate of the Office of the First Minister and Deputy First Minister which are relevant to the proposed hate crime legislation.

EQUALITY

  14.  Government remains fully committed to driving forward the equality and human rights agenda. To this end a number of key policy areas are being taken forward. Work continues to ensure that equality considerations are fully mainstreamed into policy development across Government and that there is effective operation of the statutory duties under Section 75 of the Northern Ireland Act 1998.

  15.  Government attaches a high priority to the work of the Equality Commission for Northern Ireland and works in partnership with it on various programme to promote equality of opportunity.

  16.  Government continues to strengthen the legislative base on equality of opportunity. Considerable progress has been made in terms of Equality and Anti Discrimination legislation with the development of a comprehensive range of protective measures to cover race, gender, disability, sexual orientation, religious belief and political opinion and work is ongoing to implement age discrimination legislation.

  17.  A major programme is the development of a Single Equality Bill for Northern Ireland. A consultation on options was publicly launched by Minister John Spellar on 22 June 2004 and will run until 12 November 2004. The aim is to ensure a fully comprehensive and inclusive consultation exercise. There has already been extensive preliminary consultation with business, trade unions, churches and other faith based organisations, equality and human rights interests and political parties. Two regional consultation seminars are planned; one will be held in Belfast on 14 September and another in Londonderry on 16 September.

  18.  In addition to legislative work, Government is also taking forward a number of non-legislative programmes to put in place co-ordinated actions to tackle inequalities with a particular focus on some of the most vulnerable groups. Strategies on race and gender will not only identify the key actions which departments can take in these areas, but will monitor the implementation of those actions. Work will also be initiated to identify to identify and tackle issues and inequalities based on sexual orientation and to promote social inclusion for older people, people with disabilities, carers and the homeless.

GOOD RELATIONS[11]

  19.  Continued sectarianism, racism and intercommunity conflict act as significant barriers to social and economic growth and recovery within communities. They lower morale and prevent communities taking advantage of opportunities to build a better future.

  20.  Section 75 (2) of the Northern Ireland Act 1998 introduced the concept of Good Relations. It sets that that "without prejudice to its obligations under subsection (1) a public authority shall in carrying out its functions relations to Northern Ireland have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group".

GOOD RELATIONS STRATEGY

  21.  Respondents to the Shared Future consultation urged Government to take the lead and begin by tackling the worst excesses of sectarianism and racism in a pragmatic way and put in place policies and programmes which encourage communication, tolerance, trust and respect for different cultures, faiths and traditions over time. In summary, Government was urged to take a cross-departmental approach that explicitly encouraged "sharing over separation" in delivering services.

  22.  The Northern Ireland Grand Committee met on 17 June 2004 to consider the future direction of community relations policy in Northern Ireland. The Minister outlined his thinking on the direction of the new policy stressing a number of key points. First, a shared future is an important and central issue not just for Government but for every citizen in Northern Ireland. Second, sharing the future is beyond doubt: it is a question of how it is to be shared. Third, Government needs to move forward creatively—and promote greater sharing, tolerance and respect for one and other—without threatening anyone. Tribute was paid to the trade unions and business sector for keeping division out of the workplace; and to schools and teachers for the role that they continue to play to keep classrooms a place of learning, and as far as possible, free from sectarianism and racism. Tribute was also paid to the work at local level by voluntary and community sector, many district councils and elected representatives to build good relations, despite the many difficulties.

  23.  Government will make the long-term commitment to improving relations in Northern Ireland, including the associated investment of time, resources and effort. Through the new policy and strategic framework, Government will provide support to communities to develop and deliver good relations approaches and programmes and take direct action to eliminate sectarianism, tackle racism and build trust between and within communities.

  24.  The Office of the First Minister and Deputy First Minister in carrying out its statutory obligation under Section 75 (2) to have due regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group will co-ordinate action across government and its agencies. The steering group which will take forward this work will co ordinate long-term actions, target resources and monitor outcomes.

  25.  While actions to promote good relations will be driven forward by Government, it is clear that improving relationships in the long run will require leadership at political, civic and community level.

  26.  Improving community relations is the search for practical foundations of trust between divided people. Moving from relationships based on mistrust, enmity and defence to those rooted in mutual recognition and trust is the essence of reconciliation. Building trust involves all of society: political and civic leadership, core institutions and should not be expected to emanate from violent interfaces alone. Interface areas are the tragic symptoms of a systemic lack of trust rather than the sole cause or only evidence of it. The Government will continue to support those working to deal with the problems of interface areas; but will avoid rewarding bad behaviour.

  27.  Challenging sectarianism, racism and any other extremism is not only about challenging particular behaviours or attitudes: it is also about making different relationships. Real change across Northern Ireland will require leadership at political, civic and community level. It will require vision, institutional commitment and long-term policies to promote and sustain change. Ultimately sustained and deeper progress depends on political stability.

  28.  A draft policy and strategic framework will be brought forward in the autumn for discussion with political parties, elected representatives and key stakeholders

RACE EQUALITY STRATEGY

  29.  Details of the Race Equality Strategy were covered in the previous memorandum. Given the strong linkages between the Good Relations Strategy and the Race Equality Strategy, the Government intends to publish the two documents at the same time. The Race Equality Strategy is being developed in conjunction with the Race Forum (details of which were also outlined in the previous memorandum). One of the key aims is to combat racism and to provide protection against racist crime. It is intended that the strategy will secure the commitment of all the members of the Race Forum and beyond. An implementation plan to achieve the key aims of the strategy will be drawn up in close consultation with the Forum. The action plan will not only identify the key actions which departments (and others) can take, but will monitor the implementation of those actions.

SEXUAL ORIENTATION STRATEGY

  30.  The paucity of information and data on sexual orientation has made it difficult to identify and address the full range of problems and issues faced by people, particularly in the gay and lesbian communities. Consequently, OFMDFM has commissioned and published research providing recommendations on the promotion of equality and filling information gaps including future research on sexual orientation. The report is available on the OFMDFM website, www.research.ofmdfmni.gov.uk.

  31.  Government has also set up a sexual orientation advisory body comprising representatives of different sexual orientation groups. Through this body, Government is working to identify the priority issues and problems. We are developing a strategic action plan to address these. The target is to bring forward recommendations to Ministers by December 2004, for approval and publication. The plan will include for example measures aimed at increasing awareness and understanding of the issues. It will also outline mechanisms for co-ordinating actions across Government Departments and monitoring progress. Further details on progress in this area are included in the attached Annex.

SUPPORT FOR VICTIMS AND SURVIVORS OF CONFLICT

  32.  The conflict in Northern Ireland has left a profound legacy; it has left scars at many levels. Promoting healing and support for victims and survivors of the conflict in Northern Ireland continues to be a priority and Government is working with victims and survivors, their representative groups, experts, academics and practitioners in the field to help shape the new phase of policy which builds on the initial strategy of the Northern Ireland Executive set out in "Reshape, Rebuild, Achieve".

  33.  The new policy will focus on identifying areas of additional practical support to victims and survivors. It will also incorporate the Secretary of State's current work on dealing with the past.

ACTIONS ACROSS GOVERNMENT TO ADDRESS SECTARIANISM AND RACISM

  The following sections set out a number of actions taken by Departments and their agencies to address sectarianism and racism.

(a)  Visible manifestations of sectarianism

  Many respondents to A Shared Future highlighted the need to take action to tackle paramilitary flags and emblems.

  34.  Paramilitary flags and emblems have no place in Northern Ireland. They intimidate and strike fear into communities. They also act as a disincentive to investment in areas where that investment is much needed. Government recognises that the best approach to tackling the issue is through the local community, elected representatives and the police working together.

  35.  Government is clear that there is no place in society for these trappings of the past and continues to offer practical assistance to those communities that are seeking to transform their environments. The positive actions recently taken in the Lower Shankill area and in other areas to remove offensive murals, sectarian and racist graffiti, painted kerbstones and illegal paramilitary flags is evidence of the progress that can be made through a multi-agency approach in conjunction with the elected representatives, the police and the local community. Government also recognises and acknowledges the enforcement action taken by the PSNI to deal with the display of flags supporting proscribed organisation.

  36.  It is clear from the evidence thus far that whilst there may be a need for new legislation or codes of conduct or protocols to deal with this problem, by far the best way of resolving issues is by looking at the context within which conflict arises and, if necessary, to transform that context. The removal of such trappings is best undertaken as a common project with agencies working in conjunction with communities as part of environmental improvements with a view to enhancing areas economically.

  37.  In conjunction with other Departments and Agencies, OFMDFM is reviewing roles, responsibilities and the legal position with regard to the flying of flags and other emblems. Measures to tackle this problem will be brought forward in the context of the new good relations policy and strategic framework that is currently being developed.

(b)  Race forum

  38.  Work on tackling racial inequality and racism is proceeding in parallel with the development and implementation of the Race Equality Strategy. Some of the relevant measures are outlined in our previous memorandum and elsewhere in this one. However, the Government recognises that these measures will take time to come into operation or to have an impact.

  39.  Against the background of the recent upsurge in racist incidents and their spread across Northern Ireland, the Office of the First Minister and Deputy First Minister has convened a special meeting of the Race Forum on 7 September 2004 and key interested parties to identify practical measures that could be taken to tackle racism and racist incidents. Details of the practical measures identified will be provided in oral evidence by officials. The meeting involved representatives from the NIO and NI Government Departments, PSNI and minority ethnic communities. It also involved community representatives from those areas that have borne the brunt of recent attacks.

  40.  The special meeting also established a thematic group of the Forum to see that these practical measures were carried forward and to advise on further actions. It is hoped that the sub-group will provide a focus for action to tackle racism and racial incidents over the coming months. The proposed initiative taken by employers in the Dungannon area in conjunction with Business in the Community is an example of practical actions which can be taken.

(C)  HOUSING: TACKLING PREJUDICE AND SUPPORTING VICTIMS

Emergency Housing Following Sectarian And Racist Incidents

  41.  There are a number of existing initiatives supported by the Department for Social Development, which are reflected in the Northern Ireland Housing Executive's response to hate crime incidents. These are outlined below.

Re-Housing Homeless Applicants

  42.  The Housing Executive has a duty under the Housing (NI) Order 1988 to secure that accommodation is available to homeless applicants who meet certain criteria. The criteria are as follows:

    —  Applicants must be "homeless" for the purposes of the 1988 Order, ie they have no accommodation in the UK or elsewhere which they could reasonably be expected to occupy;

    —  Applicants must not be "intentionally homeless", ie they have not become homeless as a result of any deliberate act or lack of action;

    —  Applicants must be "eligible" for assistance under the 1988 Order (certain persons from abroad and persons who have been guilty of unacceptable behaviour are not eligible for such assistance);

    —  Applicants must have "priority need", eg they are particularly vulnerable or at risk of violence.

  43.  Persons made homeless as a result of terrorist, sectarian or racist intimidation are awarded the highest priority for re-housing by the Housing Executive. The Department recently invited the Housing Executive to amend its Housing Selection Scheme so that persons who are intimidated because of their sexual orientation or disabilities can also be awarded top priority for re-housing.

Ethnic minorities

  44.  Between April 2003 and the end of July 2004 the Housing Executive accepted a total of 13 applicants as homeless due to racial intimidation. The breakdown of this figure, by ethnic origin, is as follows:


African
3
Bangladeshi
3
Chinese
1
Indian
1
Irish Traveller
3
Pakistani
1
Mixed
1

Total
13


  45.  The Housing Executive provides information on housing and homelessness to advice and welfare centres catering for members of ethnic minorities, and is currently examining this service to see if it can be improved.

Emergency Grants

  46.  The Housing Executive pays Emergency Grants to public and private sector tenants who have been forced to leave their homes as a result of intimidation. The grants are intended to cover certain relocation costs, such as new telephone connection.

Acquisition of Satisfactory Houses (ASH)

  47.  This scheme allows the Housing Executive to acquire private sector housing which can be let to tenants who might be at risk in housing estates.

Scheme for the Purchase of Evacuated Dwellings (SPED)

  48.  Where a homeowner has been forced to move as a result of intimidation, the Housing Executive is empowered under SPED to purchase the individual's home. This enables victims of intimidation to move quickly and receive the full market value for their homes. Houses purchased under SPED can be re-sold on the open market or (more rarely) taken into the Housing Executive's stock.

Anti-Social Behaviour

  49.  The Housing Executive and registered housing associations have power to seek injunctions against any persons involved in the harassment of tenants, as well as power to evict tenants whose behaviour is likely to cause nuisance or annoyance to neighbours or persons visiting the area. The Department has issued guidance to the Executive which suggests that any racial or sectarian harassment, or harassment on the grounds of sexual orientation, should be treated as "nuisance or annoyance" for these purposes.

Housing And Community Relations

  50.  The Northern Ireland Act 1998 places a duty on the Housing Executive, as a public body, to promote good community relations. In pursuit of its own corporate objectives, the Executive is committed to promoting community relations and respect at local level through housing-centred community involvement. In this context, the Housing Executive has published proposals to address the problems of intimidation, interface violence and sectarian symbols. These are not solely housing problems and the Housing Executive recognises that solutions require a co-ordinated inter-agency approach. The Department for Social Development is fully supportive of the Housing Executive's initiatives to support mixed communities and promote community relations.

(D)  EDUCATION—TACKLING SECTARIANISM

Education has a key role in overcoming prejudice and we understand that the Committee has expressed a particular interest in the part it has to play in addressing sectarianism and racism.

Integrated Education

  51.  In 1999 the Department of Education commissioned the Centre for the Study of Conflict in the University of Ulster Coleraine to examine the impact of Integrated Education. The subsequent report, "Integrated education in Northern Ireland: An Analytical Literature Review" pointed out that it is not always easy to separate out educational issues from other areas of social policy far less to isolate integrated education from the broader field of education and social and community issues.

  52.  The review detailed research done in 1991 that analysed the friendship choices of Catholic and Protestant pupils in an integrated secondary school on the basis of religion, social class and gender. The findings showed that, after five years of secondary education in an integrated school, pupils who had attended integrated primary schools now had significantly more friends from the "other" community than from their own. Past pupils maintained a significant number of friends from the "other" community compared to young adults of the same age in an integrated university. The author's conclusions were that integrated secondary education could improve inter-community relations in Northern Ireland and that segregated schools added to the polarisation of society. However, the review concluded that this research was relatively small and cannot be used as a basis for firm conclusions.

  53.  It may also be worth pointing out that out of the 50 Integrated Schools in Northern Ireland, none are situated in so-called "flashpoint" areas.

Education for Mutual Understanding and the Schools Community Relations Programme

  54.  The objectives of Education for Mutual Understanding (EMU) are

    —  Fostering respect for self and others and building relationships;

    —  Understanding conflict;

    —  Appreciating interdependence; and

    —  Cultural understanding.

  55.  The Education and Training Inspectorate (ETI) carried out a survey of the primary sector in 1998-99 and the post-primary sector in 1999-2000 to assess the extent to which these objectives, as an educational theme, were being translated into the work of the schools.

  56.  The report on the primary sector presented a generally positive picture and drew attention to the emphasis given to developing and maintaining links across the community. It noted, however, that joint activities arising from such links tended to focus narrowly on shared residential activities and sporting events. The question was posed as to whether, in themselves, these activities were sufficient.

  57.  The post-primary report highlighted positive outcomes and in particular the commitment of many of the teachers to help young people to have confidence in themselves and to respect others. The report did, however, highlight important areas for improvement. In only a small number of schools inspected was there a consistent approach to developing EMU objectives across the curriculum. Good practice tended to be isolated rather than a part of a whole-school approach. Also it was only in a minority of schools that pupils had the confidence to discuss conflict and division in the community. Most teachers were uncomfortable in dealing with such issues.

  58.  To complement and develop the educational themes the Department's Schools Community Relations Programme (SCRP) has provided funding to encourage cross-community contact between schools.

  59.  Following on from ETI's survey of EMU in schools the Department, in 2002, commissioned a review of SCRP and also a research study of pupil perceptions of the SCRP.

  60.  The review of SCRP identified several strengths and in particular the continued commitment and dedication of teachers. The review did however highlight many weaknesses around the lack of training provided for teachers to help them deliver CR issues; lack of investment by ELBs to support teachers; the Programme's low strategic importance at all levels; and the continued view that joint trips to museums etc were free fun days out of school.

  61.  The research into pupil perception of the Programme was very positive in that it identified that the young people wanted to do real CR. They saw the benefits of local links in that contact could be sustained. The down side was that most existing Programmes avoided such issues.

  62.  Following wide consultation on the review the Department has appointed an Implementation Group to produce a time-bound plan, by March 2005,to take forward the agreed recommendations. The Group comprises representatives of ELBs, CCMS, ETI, UU and DE. The main recommendations cover issues such as encouraging a whole-school approach; introducing gradient mechanisms; encouraging two and three-year programmes; recognition of unique circumstances of particular schools; introduction of monitoring and evaluation; and road shows of best practice.

  63.  In the meantime, the Department and the ELBs have been making considerable progress to ensure that all CR programmes will eventually reflect clear CR objectives. We do, however, recognise that speed will in many areas be dictated by local circumstances.

  64.  DE is planning to hold a one-day seminar in early 2005 which will bring representatives of all the players together ie teachers, ELB CR staff, ETI, DE, Core Funded Groups and perhaps some pupil participants. The agenda for the day has not yet been finalised.

Local and Global Citizenship

  65.  The Minister has accepted the advice of the Council for the Curriculum Examinations and Assessment (CCEA) for a revised statutory curriculum, which will include replacing the current cross-curricular theme of Education for Mutual Understanding with Local and Global Citizenship Education. This will be part of the curriculum at all key stages and aims to develop the capacity of young people to participate positively and effectively in society, to influence democratic processes, and to make informed and responsible decisions as local and global citizens throughout their lives

  66.  Local and Global Citizenship is based around investigation of the following core concepts:

    —  Diversity and Inclusion.

    —  Equality and Social Justice.

    —  Democracy and Active Participation.

    —  Human Rights and Social Responsibility.

  67.  Pupils will have opportunities to investigate these core concepts through a number of real-life examples and case studies, some of which will relate directly to Northern Ireland, to provide them with a challenging and relevant basis to engage with important issues that affect their lives. An enquiry-based, active learning approach is recommended.

  68.  Legislation to implement the new curriculum will be in place by September 2006 although piloting of Citizenship education is already underway in 77 schools. An additional cohort of approximately 50 schools will be joining from September 2004 and it is envisaged that the pilot will be extended to include all post-primary schools by September 2006.

August 2004



11   We use the term "good relations"" rather than the traditional term to acknowledge that society in Northern Ireland is more diverse and stretches beyond the traditional bi-polar community approach. The increased presence of and contribution of minority ethnic groups highlights the changing nature of communities in Northern Ireland. Back


 
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