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
6 Not printed. Back
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