1 Introduction
1. 'Hate crimes' are offences committed against people
and property on the grounds of their ethnicity, sexual orientation,
religion, political opinion or disability.[1]
These crimes take different forms, including verbal abuse, physical
assault, intimidation and damage to property. While the more extreme
manifestations of sectarian hate crime have subsided since the
Belfast (Good Friday) Agreement of 10 April 1998,[2]
the rate of racist and homophobic hate crime appears to be rising,
and this is reflected in its growing media profile.[3]
2. Against this troubling background, we launched
an inquiry in February 2004 into "Hate Crime in Northern
Ireland" specifically to:
- explore the reasons for the
reported increase in crimes and incidents motivated by hatred
within and between the communities in Northern Ireland
- examine the effectiveness of measures taken
by Government and relevant agencies to tackle prejudice, and to
support the victims of such prejudice, and
- assess the effectiveness of the existing law
and proposed changes to that law.
'Hate Crime': the Draft Criminal Justice (Northern
Ireland) Order 2004
3. Immediately prior to the announcement of our inquiry,
the Government published its proposal for a draft Criminal Justice
(Northern Ireland) Order containing measures to "deal with
crimes based on hostility of race, sectarianism, and sexual orientation".[4]
4. As a key reason for our inquiry was to assess
the adequacy of the legislation dealing with hate crime in Northern
Ireland, we took the opportunity of the publication of the Government's
proposal for hate crime legislation both to consider some legal
aspects of the inquiry, and to subject the proposed Order to detailed
scrutiny.[5] We heard evidence
on 14 May 2004, and reported almost immediately on 21 May.[6]
We welcomed the Government's decision to accept the main
recommendation of our report 'Hate Crime': the Draft Criminal
Justice (Northern Ireland) Order 2004 that the proposed draft
Order to deal with 'Hate Crime' should be amended to afford the
same protection to people with disabilities as for crimes based
on hostility of race, sectarianism and sexual orientation.[7]
The legislative aspects of the inquiry are dealt with in
Chapter 4 below.
5. We wish to thank all those who have contributed
to our inquiry, particularly those who have made written and oral
submissions. To encourage wide participation, the Committee commissioned
the Hansard Society to provide
an electronic consultation through a moderated
web-based forum which provided a number of useful contributions.[8]
Throughout our work we benefited from the advice of our Specialist
Advisers, Dr Neil Jarman and Professor Colin Knox.
6. We have no illusions
that hate crime will be dispelled overnight. However, if Northern
Ireland is to establish a fully normal society these despicable
and brutal attacks must cease. It is up to the Government, the
churches, the institutions of civil society, and every single
individual in their daily lives, to take collective responsibility
for ensuring that these appalling activities are eradicated by
all means possible.
1 PSNI definition: http://www.psni.police.uk/index/hate_crimes.htm Back
2
Deaths due to the security situation have dropped from 54 in 1994/95
to 7 in 2003/04, Police Service of Northern Ireland 2003-2004
Report of the Chief Constable p 14 Back
3
BBC news, 17 January 2005, Campaign to highlight hate crime;
Irish News, 18 January 2005, Police Investigating two
separate 'hate crimes'; Newsletter, 20 January 2005, Rallying
to Fight Racism Back
4
Explanatory Memorandum, Proposal For A Draft Criminal Justice
(Northern Ireland) Order 2004, Northern Ireland Office, 9
February 2004, Part 1 Back
5
Explanatory Memorandum, Proposal For A Draft Criminal Justice
(Northern Ireland) Order 2004, Northern Ireland Office, 9
February 2004, Part 1 Back
6
Northern Ireland Affairs Committee Fifth Report of Session 2003-04,
'Hate Crime': the Draft Criminal Justice (Northern Ireland) Order
2004, HC 615 Back
7
Northern Ireland Affairs Committee, Fifth Special Report of Session
2003-04, 'Hate Crime': The Draft Criminal Justice (Northern
Ireland) Order 2004 - Government Response, HC 954. The Criminal
Justice (No 2) (Northern Ireland) Order 2004 (2004 No.1991
(N.I.15) was made on 24th July 2004 and came into
force on 28 September 2004 Back
8
The Hansard Society worked in conjunction with the Northern Ireland
Council for Voluntary Action, the Northern Ireland Council for
Ethnic Minorities, the Equality Commission for Northern Ireland,
and Queen's University (e-consultation study group) Belfast. The
e-consultation ran for eight weeks from 1st September
until 22nd October 2004 and attracted 42 messages (some
from multiple contributors). See Appendix 1 Hansard Society
Online Consultation on Hate Crime in Northern Ireland: Summary
Report, October 2004 Back
|
