Select Committee on Northern Ireland Affairs Minutes of Evidence


APPENDIX 18

Memorandum submitted by the Social Democratic Labour Party

HATE CRIMES ORDER

  The SDLP welcomes recent Order to increase penalties for hate crime. We are pleased that the Government agreed with the approach outlined in this regard in our recent policy document on sectarianism, which I attach for your information[6].

  We were also pleased that the Government agreed to include sexual orientation and disability in the Order. This was something that the SDLP's Denis Haughey—while a Minister—had strongly urged.

  However, we are concerned at some aspects of the Order. We disagree with the limitation that an offence is only aggravated by hostility if "at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim hostility." We believe that evidence should be admissible that would show hostility even if it was not demonstrated at the time of the offence or immediately before or after. The question, we believe, is whether hostility can be adequately proved—and not the timing of its demonstration. Indeed, we believe that this limitation will serve only to protect the more professional racists, who will know to avoid demonstrating hostility around the time of the offence.

ENFORCEMENT OF THE ORDER AND ADDITIONAL MEASURES

  While the Order is welcome, of itself it is insufficient. As outlined in our policy document on sectarianism, it is also necessary to take a comprehensive approach to outlawing sectarianism by, in particular:

    —  outlawing sectarian and other hate based chanting in football stadia, as is done in Britain;

    —  outlawing the flying of sectarian flags as well as graffiti—see our specific policy document on this matter attached at Annex B;

    —  have government take the lead by repealing the Flags Order on flying the Union Flag above departmental buildings;

    —  strengthening and extending incitement to hatred laws.

  More importantly, new legislation will count for little if it is not backed up by real enforcement. We therefore stress:

    —  training and awareness for prosecutors and police alike in the new laws;

    —  the bringing forward of proper enforcement strategies, including as regards flags;

    —  systematic monitoring of sectarian crimes, and not just racist ones—which the police have now agreed to do.

  Of course, these enforcement issues are also, in part, a matter for the police. That is why we are also pursuing them on the Policing Board and District Policing Partnerships.

28 September 2004







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