What is the government doing about racism? Response from Lord Geoffrey Filkin |
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Thank you for your letter of 20 February, enclosing a copy of some pages from EKTA website, and asking for advice on legislation we have introduced to combat racism in the last few years. The Government is firmly committed to the elimination of all forms of racial discrimination and the development of policies which address racial discrimination, intolerance and violence. Our aim is to construct cohesive communities in which every individual, of whatever racial or ethnic origin, is able to fulfil his or her potential through the enjoyment of equal rights, opportunities and responsibilities. This country has a comprehensive body of legislation to combat racial discrimination and racist crime, which I summarise below. We have considerably strengthened the law in this area bringing in the Race Relations (Amendment) Act, introducing specific racially and religiously aggravated offences and increasing the maximum penalties for incitement to racial hatred. We will be further strengthening the law as we implement to European Race and Employment Directives. We have also reinforced the rights and freedoms of individuals through the Human Rights Act which brings the European Convention of Human Rights into domestic law. The Race Relations Act 1976 outlaws discrimination (direct, indirect and victimisation) in employment and training, the provision of goods facilities and services, education, housing and certain other activities. Individuals can bring proceedings and claim damages under this Act. It also provides for the establishment of the Commission for Racial Equality. In 2000 we brought in the Race Relations (Amendment) Act, which considerably strengthens the 1976 Act. The 2000 Act outlaws discrimination in all public authority functions not already covered by the 1976 Act with few exceptions, such as immigration and nationality decisions. It also places a general duty on the main public authorities to promote race equality. This requires them to take action to prevent acts of the race discrimination before they occur. Those public authorities, in performing their public functions, have to: ‘have due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good relations between persons of different racial groups’. This general duty covers over 40,000 public bodies. In addition, the Government decided that key public authorities-including central and local government bodies, health service bodies and many more should be subject to a number of specific duties. The specific duties require bodies to publish a Race Equality Scheme describing their public functions that are relevant to the duty. Bodies also have to set out their arrangements for assessing and consulting on the policies on the promotion of race equality; for publishing the results of their assessments, consultations and monitoring; for ensuring public access to information and to services; and for training staff in issues relevant to the duty. We have also introduced specific offences of racially aggravated violence, harassment and criminal damage. These provisions were included in the Crime and Disorder Act 1998. The new offences correspond to the existing main offences which deal with violence against the person (except those which carry a maximum sentence of life imprisonment ), criminal damage and offences of harassment. They include a test that there was either racial motivation or any aggravating evidence of racial hostility in connection with the offence, and provide the courts with higher maximum penalties to reflect the racial aspect to the crime. In 2001 we further strengthened the law by introducing similar religiously aggravated offences. In 1998, we brought in the Human Rights Act, which came into force in October 2000, and gave further effect in UK law to the rights and freedoms set out in the European Convention on Human Rights. It does this in two main ways. First it requires all legislation, whenever enacted to be interpreted as far as possible in a way which is compatible with the convention rights. Primary legislation will continue to be enforced if it is held to be incompatible, but the higher courts will be able to make a declaration of incompatibility. That will enable the relevant Government Minister to amend the legislation by order, subject to parliamentary approval, if there are compelling reasons to do so. Parliament will also be able to amend the legislation by fresh primary legislation. The courts will be able to quash or set aside incompatible subordinate legislation, unless it is inevitably incompatible by virtue of the parent legislation. Second, the Act makes it unlawful for public authorities to act in a way which is incompatible with the Convention rights. Public authorities include courts and tribunals, Government Departments and the police. Victims of a breach of the Convention rights are able to rely on these rights in proceedings involving a public authority, or proceed against the authority direct. Courts and tribunals, which find that a public authority has acted unlawfully, are able to award whatever remedy is within their jurisdiction and seems appropriate. The incitement of racial hatred offences contained in part lll of Public Order Act 1986 makes it an offence to use or publish threatening, abusive or insulting words (or behaviour) with an intention to stir up racial hatred or, in the circumstances, racial hatred is likely to be stirred up. Racial hatred here means hatred against a group of people defined by reference to colour, race, nationality or ethnic or national origin. These incitement offences are designed to deal with people who seek stir up hatred against racial groups. They are used for example against those who publish leaflets and newsletters, which deliberately seek to advocate violence against racial groups or individuals from racial groups. In 2001, we raised the maximum penalty for incitement to racial hatred to seven years’ imprisonment. I am grateful to you for drawing my attention to ETKA’s work and wish them every success in educating young people about effects of racism and in providing support for victims of racism. GEOFFREY FILKIN |
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