Memorandum submitted by Queerspace
INTRODUCTION
1.1 Queerspace is a collective formed in
1998 to provide a space where lesbians, gays, bisexuals and trans
people (LGBT) can meet in an informal, non-threatening environment.
It has collective meetings one evening a week and runs a weekend
drop-in. It also arranges various monthly informal events. Queerspace
is a member of the Coalition on Sexual Orientation (CoSO) and
is committed to the pursuit of the rights of LGBTs.
1.2 Queerspace welcomes the opportunity
to provide evidence to the Northern Ireland Affairs Committee
on hate crime. Queerspace seeks to uphold the rights of all disadvantaged
groups in Northern Ireland both out of solidarity with black and
ethnic minorities, disabled people etc but also because LGBTs
make up a %age of each of these groups also. Queerspace welcomes
the inclusion of disability and sexual orientation within the
hate crime legislation. Because homophobic hate crime can be so
vicious, Queerspace feels sympathy for any person who suffers
hate crime for any reason. Although sectarian hate crime is a
particular feature of Northern Ireland, there is evidence of hate
crime on other grounds also, including homophobia.
1.3 Queerspace welcomes the effect that
section 75 has had on this debate. Although the law in Great Britain
on "aggravated offences" was amended to include homophobia
before the changes in NI, it is clear that the NI debate, based
on section 75 considerations, influenced that debate. More particularly
NI law on incitement to hatred or fear includes homophobia while
the law in GB does not.
1.4 Queerspace welcomes the recent statement
of the Secretary of State for Northern Ireland that all forms
of extremism must be challenged:-
"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 requires leadership at political
level but also at civic and community level. New hate crime legislation
due to come into force later this month will help, but all of
us across civic society should have a zero tolerance towards racism,
sectarianism or any other such extremism. Enforcement action alone
will not tackle the deep-seated problems to be addressed."[1]
1.5 Queerspace takes "any other form
of extremism" to mean, in the context of hate crime legislation,
extremism fuelled by homophobia or extreme reactions towards disabled
people. We therefore hope that this call from the Secretary of
State will be taken seriously in relation to homophobic extremism.
1.6 While not wishing to minimise the impact
of any crime, there is something particularly frightening about
crimes which are aggravated by factors such as sectarianism, racism,
hatred of the disabled and homophobia.[2]
On the one hand, the attack is personal to the victim on account
of his/her membership of a disadvantaged group. On the other,
the crime is motivated by naked prejudice. Those who incite fear
or hatred are equally as culpable as those who carry out hate
crimes.
1.7 Queerspace is also of the view that
hate crime is a complete breakdown of "good relations"
between the LGBT community and the rest of society. It therefore
wishes to see the "good relations" duty on public authorities
(and on the ECNI) extended to include between persons of different
sexual orientation.
2. EVIDENCE OF
HOMOPHOBIA IN
NORTHERN IRELAND
2.1 The issue of homophobic harassment has
recently come to the fore in Northern Ireland with at least two
murders in Belfast in the past 18 months. Recent research[3]
points out that homophobic harassment involves attacks on LGBTs
as well as people perceived to be LGBT. It includes assault, verbal
abuse and bullying in the workplace, on the street and social
settings.
2.2 The research revealed that the %age
of people who had experienced violence and harassment in Northern
Ireland was higher than indicated by comparable surveys in Great
Britain and Ireland.
2.3 Although there has been a significant
increase in the reporting of homophobic attacks in the media,
members of the collective have the experience that this is the
"tip of the iceberg" in terms of the level of homophobic
attacks which are occurring.
2.4 Members of the collective have widespread
experience of personal abuse or the abuse of close friends and
work colleagues. Much of this abuse comes from relatively young
children. Other more ominous threats have come from paramilitary
organisations. Nonetheless, the outcome is inevitably the same,
that is, LGBTs abandoning their homes rather than suffering this
deeply offensive, abusive and frequently threatening behaviour.
This may well be associated with an increase in racial harassment
and abuse. There is also an impression that the PSNI cannot protect
vulnerable individuals in these circumstances.
2.5 Another deeply disturbing issue is the
level of homophobia in our education system. It is very difficult
to associate issues of sexual orientation with harassment and
bullying in our schools. In particular the tragedies of teenage
suicide cannot be discussed in NI in the context of sexuality.
There are examples of the sensitive application of anti-bullying
policies in the context of homophobic incidents. But this is not
a consistent pattern across NI schools. Many schools in NI, whether
faith based or not, refuse to acknowledge LGBT sexuality in our
school system. Queerspace is not expecting some immediate revolution
in social attitudes. But there is a degree of paranoia about sexuality
amongst teachers, principals and boards of governors. There is
an excellent example of a school expelling a student because she
was pregnant. The case was settled with high publicity. Policies
in NI schools have been radically changed as a result. We need
the same approach towards homophobic bullying but there are great
difficulties in expecting this to occur. LGBT teenagers are the
most vulnerable members of the LGBT community and some efforts
must be made to ensure that anti-bullying policies towards homophobic
bullying are properly enforced.
2.6 A particular example of a potential
incitement of homophobic hatred was an "alternative"
website with a similar name to the website of the Belfast Pride
Committee. It contained vitriolic material directed at those intending
to take part in the Pride march and at LGBTs generally. We understand
that the website was eventually removed partly under the threat
that it would contravene the incitement to hatred legislation
once it came into force.
2.7 We are also aware of so-called "religious
tracts" being distributed on the streets of Belfast which
are deeply homophobic. We accept that there is a balance to be
struck between freedom of speech and of religious belief, on the
one hand, and the rights of LGBTs to be protected from offensive,
abusive and threatening publications, on the other. But freedom
of speech and religion cannot justify abusive and deeply offensive
material, which can give an apparent legitimacy to those who commit
hate crime attacks.
3. AGGRAVATED
OFFENCES
3.1 A particular issue which Queerspace
has with the approach towards aggravated offences is that the
onus will be on the victim of the offence to discuss his/her sexual
orientation while giving evidence. For a sentence to be increased
on "aggravated" grounds, it is necessary for the court
to declare the offence to be aggravated. Many offences will be
on the basis of perceived sexual orientation but others will be
based on the offender's knowledge of the victim's sexual orientation.
If there are to be meaningful prosecutions in relation to offences
aggravated by homophobia, it will be necessary to consider how
the anonymity of victims can be preserved. This is typical of
prosecutions in relation to sexual offences and minors but some
protection for the privacy of the victim must be put in place
or very many aggravated offences will not be treated as such.
4. INCITEMENT
OFFENCES
4.1 Queerspace considers that major issues
will arise concerning bitter attitudes exhibited towards LGBTs
under the guise of "religious convictions". The website
mentioned above is an example. Difficult issues will have to be
addressed of the balance between freedom of speech and freedom
of religious belief, on the one hand, and freedom from fear of
hate crime, on the other.
4.2 However, Queerspace believes that a
website which imports material from a "God hates fags"
website, set up in response to the murder of Matthew Shephard
in Wisconsin, did contain "threatening, abusive and insulting
words" which could have led to the website controller's prosecution.
Indeed Queerspace would wish clarification of the applicability
of the incitement legislation to websites.
4.3 So also during the Pride March, lurid
comments were being made through a megaphone at those who were
taking part, many of whom had made a courageous decision to do
so. There may be issues of the applicability of the Public Processions
(NI) Act 1998 to such behaviour but it is necessary to monitor
carefully what is said on these occasions to ensure that the incitement
law is not being broken.
5. MONITORING
5.1 The monitoring of hate crime is vital.
Examples can be found of attempts to report homophobic crimes
being met with incomprehension. There were repeated attacks on
our collective's premises in 1999 which were reported to a local
police station. The initial reaction was that the Police Service
did not record homophobic crimes and therefore refused to do so.
Even in 2004, an attempt was made to report a homophobic incident
by a member of our collective. Once again, this was met with initial
incomprehension. The individual had to return, accompanied by
a friend, and insist on the proper reporting of the incident.
On the other hand, we are also aware of issues being treated with
sensitivity, particularly when Minority Liaison Officers are involved.
For example, an MLO became involved eventually in this incident
and the matter was properly dealt with. In those circumstances,
the PSNI's anti-homophobia policy works quite well. The Police
Service, but also other public authorities such as the Housing
Executive, need to put in place sensitive reporting mechanisms
so that a genuine reflection of the extent of homophobic hate
crime in NI can be established. There may be a role or the use
of anti-social behaviour orders in tenancy situations.
5.2 It is also the experience of LGBT groups
in NI that a reliance purely on "quantitative" data
collection will not reveal the full range of LGBT issues. Experience
under section 75 indicates that it is necessary for public authorities
to consult representative groups in order to provide themselves
with real situations in which homophobia, and other forms of discrimination,
is occurring. It is therefore important that any monitoring of
homophobic crime in NI allows for the protection of the privacy
of highly vulnerable victims.
6. CONCLUSION
6.1 Queerspace welcomes the extension of
hate crime legislation to cover homophobic hate crime. There is
a significant level of such hate crime in NI, from abuse to physical
assault and some murders. These crimes have devastating effects
on their victims, in some cases even leading to suicide.
6.2 Efforts must be made to protect the
identity of those who give evidence in court in homophobic hate
crime cases. It should not be permissible to avoid hate crime
prosecution by invoking freedom of speech and of religion. It
needs to be clear that incitement laws can be enforced against
websites, emails etc. Monitoring of homophobic hate crimes should
be thorough but it is also necessary to undertake consultations
with LGBT groups in order to ensure that an accurate picture of
the extent of homophobic hate crime is achieved.
10 September 2004
1 "Extremism must be challenged", NIO News
Release, 7 September 2004. Back
2
We can take some quotes from earlier parliamentary debates, eg
Gov S/person, Baroness Scotland, referred to hate crime as "pernicious". Back
3
Jarman, N & Tennant, A. 2003 An Acceptable Prejudice? Homophobic
Violence and Harassment in Northern Ireland. Belfast, Institute
for Conflict Research. Back
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