| Paragraph No. and text
| Departmental response published June 2005 (Cm 6593)
| Progress report 2005
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| Paragraph 153: Nonetheless, we accept that there is a clear perception among all our Muslim witnesses that Muslims are being stigmatised by the operation of the Terrorism Act: this is extremely harmful to community relations. We recognise the efforts being made by police forces, notably by the Metropolitan Police Diversity Directorate, to engage with minority communities. But we believe that special efforts should be made by the police and Government to reassure Muslims that they are not being singled out unfairly.
| We welcome the Committee's observation that the Asian community is not being unfairly targeted by the operation of stop and search powers. However we do recognise that there is a perception within the community that Muslims are being unfairly targeted or discriminated against. We are undertaking a specific programme of work with local partners and community organisations to reassure the Muslim community on these issues.
| Accepted. We are aware that sections of the community - in particular the Muslim community - are concerned about the use of counter terrorism powers. We are working with stakeholders to identify the issues surrounding the powers and how these might be tackled, with a view to producing nationally accepted guidance for police on the use of the powers and promoting public awareness of the powers and how they are used by police.
Ministers have made a number of visits to local communities (in Oldham, Burnley, Leicester, Leeds, Bradford, Bolton, Manchester, Birmingham and London) specifically to give people the opportunity to express and discuss their concerns about counter terrorism powers and a wide range of other issues.
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| Paragraph 154: We have no doubt that this perception is fuelled by the high profile reporting of some police raids and arrests. Such coverage also helps to fuel more widespread fears of the Muslim community. It is particularly damaging when little coverage is given when suspects are subsequently released without trial. It seems clear that some of the most sensational coverage has sometimes been caused by unauthorised briefing from within the police service. It is essential that police forces take firm action against any officers or staff involved.
| The Government recognises that high profile media reporting can have a negative impact on community relations. While it is difficult for the Government to influence what the newspapers choose to print, we will continue to work with the police service to ensure that operational briefings to journalists are accurate and provide as full information as possible, including on releases without charge where appropriate.
| Accepted. We are continuing to work with the police service as part of our normal practice to liaise closely with them on all terrorist related issues, including briefings and press releases when appropriate.
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| Paragraph 155: We believe that there should be independent scrutiny, involving the Muslim community, of police intelligence and its use as a basis for stops and searches and arrests. We do not recommend adding religion to extensive information already required on stops and searches, but do believe that some additional research could be carried out into the impact of these police tactics on different religious groups.
| We will continue to ensure there is greater transparency and openness about CT powers and how they are used. There are however sensitive operational issues that limit the amount of information that can be made public. ACPO have indicated that they will give consideration to the proposal that communities be given some level of scrutiny of the factors that inform section 44 authorisations.
There are serious issues to consider with regard to the recording of an individual's religion during a stop and search. A person's religion can be an intensely private matter and we are mindful that requesting this information as part of the stop and search process could be overly intrusive and offensive. We note the Committee's opinion that religion should not be included in the information collated on stops and searches. The Community Panel set up to scrutinise the Stop & Search Action Team have been asked to consider this issue further.
| Accept in part. We are aware that faith monitoring is something that some members of the Muslim community have argued for, though others oppose. We recognise that this is a highly sensitive issue and the Home Office would not wish to introduce such an initiative if we had any concerns that it would damage, rather than support, community relations and confidence in the police. We remain committed and open to looking at ways of increasing the confidence of all communities in the police use of this power. We have commissioned independent research to determine the Muslim community's potential reaction to monitoring faith. Data on ethnicity is collected and this is published in the annual report under section 95 of the Criminal Justice Act 1991.
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| Paragraph 156: It may also be the case that stops and searches of Asians under legislation other than the Terrorism Act are nonetheless perceived by Muslims but not by Hindus or Sikhs as being related to terrorism. This possibility should be examined by the Home Office's Stop and Search Action Team.
| We note that the Committee found anecdotal evidence of members of the Muslim community mistakenly believing that Stops and Searches conducted under PACE (where there was reasonable suspicion that a crime had been committed) were being conducted under anti-terrorist legislation. In order to test this hypothesis members of the Home Office Stop and Search Action Team are currently working with the Metropolitan Police Service to develop a "customer satisfaction" survey for those stopped and searched. This survey can be used to identify whether an individual understood the power being used.
The solution to the potential issue, if it exists, is already couched within our recently published Stop and Search Manual on good practice and PACE i.e. that officers should clearly explain the powers they are using to stop an individual.
| Accepted. We have been working with the Metropolitan Police Service to further develop Customer Satisfaction surveys which can determine (among other things) community reaction; whether an individual understands the power used to affect the Stop and Search; and whether the results vary for those of differing ethnicity or faith. British Transport Police have shown an interest in this work and will be part of the project. We expect there to be a period of 12 months before any results are available. Following the events of 7/7 ACPO published a guidance note to all forces reminding them of the importance to inform individuals of the nature of the Stop and Search at the start of the encounter.
Following publication of the HAC Report, the SSAT used a series of community consultation events to test the hypothesis that Muslims believed the majority of stops and searches to be terrorism related. There was strong anecdotal evidence to support this.
We continue to investigate ways of ensuring as many people as possible who are stopped and searched understand the powers that have been used following an encounter. We are also in the process of producing public information that will emphasise the right of individuals to be told the power used conduct the Stop and Search.
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| Paragraph 158: We believe that statistics on the length of time that individuals are held under the Terrorism Act before being released without charge should be collated centrally and published as soon as possible, since they will be an important indicator of whether the counter-terrorism detention powers are being misused. They should also show whether the extension of the period of detention without charge to 14 days, permitted since early 2004, is being used.
| We will explore with the Police and Home Office Research, Development and Statistics whether effective, reliable and accurate statistics can be collected and published.
| Accepted. The police are in the process of reviewing the material which they make available to the public on the outcome of arrests made under the Terrorism Act. The Home Office have been working with the police on this review and hope to publish extra material, including that on length of detention, shortly.
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| Paragraph 176: If recruitment of prisoners to extremist groups is a problem in both France and the Netherlands, it is likely to be one here. The Government should examine the issue as a matter of priority.
| The Government is examining this issue in partnership with others.
| Accepted. The Government continues to examine this issue through existing partnership structures.
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| Paragraph 195: We welcome the Government's efforts so far to ensure that foreign ministers of religion have the language skills and knowledge of this country to make a contribution to communities here. The success of these efforts should be kept under review and, if necessary, ideas from other countries should be studied.
| The Government introduced an English Language requirement for Ministers of Religion from abroad in August 2004. We agree that the success of these efforts should be kept under review therefore we have invited views from faith communities on the success of this measure as part of the second stage consultation on pre-entry qualifications and post-entry qualifications.
| Accepted. The consultation closed on the 8th July 2005 and Ministers are currently considering the options. We expect to make an announcement on the way ahead shortly.
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| Paragraph 223: We are concerned that, although leaders of the Muslim community may have an accurate appreciation of the limits of the proposed legislation on incitement to religious hatred, this is not shared by their community as a whole. It is vitally important not to raise unrealisable expectations in minority communities, and rather than trusting to dialogue with leaders of faith groups, the Government should develop a strategy to ensure that the extent and limitations of the proposed offence are fully understood by all. We suspect that the extent of the legislation, and how often it is likely to be used, may also be misunderstood by some who oppose it. It is of course important to emphasise, as Ministers have tried to do, that such a change in the law should not be seen as a ban on criticism of any particular religion. The right to practice a religion, to criticise religious practices or to propagate non-religious belief is a basic right in a free society.
| The Government acknowledges that efforts to manage expectations about the offence of incitement to religious hatred, proposed as part of the Serious Organised Crime and Police Bill, were only partially effective. This was particularly true in respect of unrealistic expectations which developed within the Muslim community. This is not to say however that extensive efforts were not made in this area. Ministers and officials worked closely with faith leaders and used the media where possible to get the right message across to communities as a whole. It is also true to say that the ambit of the offence was misunderstood by some who opposed it, though Ministers and officials also met opponents to listen to their concerns and to emphasise what the measure would and would not cover.
The Government have decided to reintroduce incitement to religious hatred in this parliamentary session. Preparations are already taking place to ensure that the Government's message is expressed more clearly and is better understood, not just by faith leaders but by the constituencies they represent.
| Accepted. The Government introduced the Racial and Religious Hatred Bill in June 2005 and it received Royal Assent in February 2006.
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