Disability Hate Crime

Kate Green Excerpts

Wednesday 23rd November 2011 Westminster Hall

[Kate Green (Stretford and Urmston) (Lab)]

It is, as always, a privilege to serve under your chairmanship this morning, Mr Gray. I am pleased to have the chance to open this debate.

Writer and journalist Katherine Quarmby, who addressed a joint meeting of the all-party groups on disability and learning disability in Parliament a couple of months ago, told us that in the course of her research into the subject she had been unable to find much evidence that disability hate crime had been debated in either House in Parliament. I am glad that we are able to put that right today.

The issue concerns many hon. Members from across the House. I am particularly pleased to see the hon. Member for Blackpool North and Cleveleys (Paul Maynard), who has done a great deal of work on this subject, and my right hon. Friend the Member for Stirling (Mrs McGuire), who will be responding to the debate from the Labour Front Bench.

I acknowledge the Lord Chancellor’s commitment to align the tariff for murder where disability is a motivating or aggravating feature with that for race, religion and sexuality, which he made in response to my amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill last month. That amendment enjoyed the support of a number of hon. Members from across the House.

That commitment was a useful step in the right direction and one that organisations such as Mencap, the National Autistic Society, the Equality and Human Rights Commission and others have been calling for. I welcome the Lord Chancellor’s undertaking and look forward to hearing in more detail how the Government will progress his commitment.

The reality is that sentencing for murder is just the tip of a deeply disturbing and significant problem. As the recent EHRC report “Hidden in plain sight” has shown, attitudes, behaviours and practices, both institutional and individual, are contributing to a growing climate of hostility towards disabled people and fall well short of being a satisfactory response to the harassment of those people and the commission of crimes against them. I hope that today’s debate will give the Minister the opportunity to tell us specifically what actions the Government are taking to address so-called disability hate crime and to tackle one of the nastiest, most disgraceful forms of crime in our society. The coalition Government have promised a hate crime action plan, but we are still waiting for it. Disabled people, their families and campaigners are rightly anxious for action now.

The EHRC reports that around 1.9 million disabled people were victims of crime in 2009-10. We do not know how many were victims of harassment, but we do know that disabled people face a greater risk of being a victim of crime than people who are not disabled. There is also evidence that disabled people are more likely to experience antisocial behaviour, although more research is needed on that to confirm the scale of the problem. That is clearly unacceptable. What is worse, we also know that too often disabled people will feel forced to put up with a pattern of harassment, humiliation, antisocial behaviour and low-level criminal behaviour and come to accept it as an inevitable part of their lives.

What may start as relatively low-level harassment all too often escalates, becoming intolerable for the victim. In the worst cases, it can spiral to the point of violence, even murder, or to a situation in which victims and their families are simply unable to carry on with their lives. Hon. Members will be all too aware of the shocking case of Fiona Pilkington and her daughter Francecca, whose suffering of persistent harassment and abuse ultimately led to their deaths.

[David Simpson (Upper Bann) (DUP)]

I congratulate the hon. Lady on obtaining this important debate. She has mentioned the issue of attacks on people with disabilities. Does she not agree that there needs to be a campaign to increase awareness of that? We congratulate Mencap on its excellent “Stand by Me” campaign, but does she not agree that such awareness needs to start back at primary school? Schools need to have a role and to teach our young people to have respect for people with disabilities.

[Kate Green]

Indeed, and I will say a little more about that. It is an important point that highlights that some of the perpetrators of really shocking instances of abuse and criminal behaviour are very young. Intervening early to demonstrate to them the absolute unacceptability of such behaviour is clearly the right thing to do.

Cases such as that of Fiona and Francecca Pilkington are of course the extreme, but they exist in a context of rising hostility to disabled people, which fuels abusive behaviour and leads to an increase in the harassment of them. Recent research for Scope by ComRes has shown that 47 % of disabled people feel that attitudes towards them had got worse over the past year, with 66% of disabled people reporting experiencing aggression, hostility or name calling.

A study published last month by the Glasgow Media Group, which analyses how the media are reporting disability in the context of Government spending cuts, reveals a major shift in how disabled people are portrayed, and the negative impact that that is having, both on public attitudes and on disabled people themselves. The research found a fall in media coverage that described disabled people in sympathetic and deserving terms, and an increase in the number of articles focusing on disability benefit fraud. Researchers observed an increase in articles portraying disabled people as a “burden” on the economy, with some articles even blaming the recession on incapacity benefits claimants.

Harassment and attacks exist and flourish in that context of hostility—a context, it has to be said, to which politicians are helping to contribute. I hope that the Minister will acknowledge the derogatory and damaging language that has surrounded too much of the debate about welfare reform, and will give her commitment that there is a determination across Government to stamp out any negative portrayal of disabled people.

Although attitudes and language are important, campaigners have rightly identified the need for a much wider, whole-system change. That requires that public bodies and the professionals who work in them treat all manifestations of disability-related harassment and hate crime with the utmost seriousness. Too often, victims fail to report harassment and attacks, because they are unsure to whom they should report them, or because they feel that they will not be believed. Too often, when attacks are reported, the response of the professionals is to focus on the behaviour of the victim and how that should change. In other words, they focus on how victims should curtail their lives to avoid finding themselves in a situation in which they continue to experience harassment. That cannot be right. The priority must be to focus on the behaviour of the perpetrators, to challenge behaviour that is unacceptable, to deal appropriately with criminal behaviour and to take all necessary steps to prevent it occurring.

[Mark Durkan (Foyle) (SDLP)]

I congratulate the hon. Lady on securing this debate. She has just made the point about people being subjected to patterns of harassment. Is she hearing from police officers that they are increasingly conscious that, when younger officers or officers who are new to an area produce a report and check the books, they find that that report is the latest in a series of reports about harassment being suffered by a particular individual? It is almost because a report forms part of a pattern that the police are inclined to say, “There is nothing we can do about it”, because nothing has happened about the previous reports. The police fail to appreciate the cumulative impact of this sort of antisocial behaviour and constant harassment. Such behaviour and harassment should be a call to action rather than a call to indifference.

[Kate Green]

That is an important point and I am sure that it is one that the police will also take note of. Too often there is an attitude that nothing can be done because the victim is disabled and there is scepticism about what disabled victims say. One shocking case, quoted in Katharine Quarmby’s book “Scapegoat”, was that of a blind woman who had been sexually assaulted, but the response of the police was that it was not possible to proceed with the case because, of course, she had not seen her attacker.

In its report, “Hidden in plain sight”, the EHRC has proposed a number of important measures to help to improve the situation. First, there must be leadership and ownership of the issue across all public bodies. This is not an issue simply for one arm of government. It cuts across central Government Departments, local government, the criminal justice system, the education system, health, housing, care, transport, employment and so on. Therefore, a signal from the Minister today of the seriousness with which the Government regard the issue will be important. However, warm words will not be enough. Disabled people want to know how Ministers will ensure that the issue remains a priority for ministerial attention across Government; what structures exist within Whitehall to focus attention and drive action; what accountability mechanisms will be put in place; how public institutions that fail to take action will be compelled to do so; and how Ministers will work with local government to ensure ownership of the issue at local level.

Secondly, such an approach must be informed and supported by the systematic gathering and monitoring of data that spell out the scale and severity of the problem, and by analysis of that data to support and direct policy makers’ attention to where action is needed. We know that there is significant under-reporting of harassment and abuse of disabled people, and there is a need to improve the recording and reporting of disability hate crime.

Radar has responded to that problem through its “Stop Disability Hate Crime” project, which is working with disabled people’s organisations and the authorities to develop a national independent disability hate crime reporting centre, which will provide minimum standards for other such centres, and raise awareness of disability hate crime and incidents and how to report them. The project also maps the disability hate crime third-party reporting sites that already exist or are being established. Also, a survey has been undertaken to find out why disabled people do not want to report disability hate crime and what would make them more confident to do so.

The Radar project is an important initiative and I hope that the Government will look carefully at the lessons that emerge from it, and at ways of strengthening the capacity of third-party hate crime reporting centres as a valuable way of increasing the incidence of reporting. Of course, it will be important that such centres follow minimum standards, but I know that all right hon. and hon. Members will welcome Radar’s work in that area and look forward to its report, which is due to be published early next year.

Thirdly, practice at the front line is, of course, vital to ensure that action is taken swiftly to respond to and prevent harassment or criminal attacks on disabled people. That requires the engagement, attention and effort of a range of public institutions. Crucially, those public institutions must work in partnership with each other and with disabled people to develop and to implement the right strategies to tackle disability hate crime. That partnership working can enable early identification of the patterns of behaviour that we have been discussing today, which is essential if problems are not to escalate. Today those patterns are too often missed, or cases are dealt with in isolation. As a result, the response of the authorities can be fragmented, inadequate or too slow.

In its 2009 report on the security of disabled people, the EHRC pointed out that a range of public authorities were not playing any preventive role: housing associations, social care providers, health care providers, the voluntary and community sector and local authorities. Too often, there is an inadequate response to incidents even when they are reported. That must change. Although there has been some progress in the response of the criminal justice agencies, action across the piece is needed and it is in that context that the Government’s action plan will be so important.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on securing this debate and bringing this matter to the Chamber today. Society is always measured by how it treats those who are less well-off, and that is true of individuals as well as of society as a whole. She has discussed a campaign that she hopes the Government will support. Does she feel that that campaign should not only be an England and Wales campaign but a campaign that goes to Scotland and Northern Ireland, too? If so, perhaps the catalyst to make that happen will come from this Chamber today. I ask the Minister to consider that point too in her response to the debate.

[Kate Green]

That is also an important point, and if there is good practice from which we can learn we will want to learn it in every part of the United Kingdom.

The Government’s action plan will need to include action on developing a better understanding of the motivations of perpetrators of disability hate crime, and of the interventions that are effective in changing such behaviour. It must be a priority to develop appropriate interventions that can be made in schools, which have already been mentioned, in the criminal justice system, through family and community programmes, and in other settings. I hope that the Minister will be able to tell us what analysis and action the Government are considering with regard to those interventions.

The action plan must also address the need for proper training of front-line professionals who may be required to recognise and respond to issues of disability-related harassment. Such training must include training in communication skills and understanding and recognising signals of abuse. I hope that the Minister will be specific today about the steps that the Government are taking to make progress on those matters and I look forward to hearing her response.

Before I conclude, I want to highlight one especially vulnerable group of victims—those people with learning disabilities who have experienced sexual violence or abuse. All too often in those cases, the perpetrator is a partner, a family member or a carer, so the attack is compounded by an abuse of intimacy and a breach of the victim’s trust.

A shockingly high proportion of women with learning disabilities have experienced sexual abuse. The problems that other victims of disability hate crime experience are magnified for these women by their not being believed, by professionals not knowing how to address the issue, and by abuse continuing and escalating over a long period, which happens all too often.

During the summer, I attended a conference with a group of learning disabled women to discuss the measures that are needed to address that form of abuse. The conference was jointly organised by the rape crisis centre in my own borough of Trafford, Salford university and Change, an organisation that is run by and for learning disabled people.

The learning disabled women present at the conference, who themselves were victims of sexual abuse, were absolutely clear about the action that is needed. I should say that they were also prepared to acknowledge that there have been improvements in parts of the criminal justice system, including better awareness among the police, greater understanding of their circumstances and their needs by the Crown Prosecution Service, and greater responsiveness from the courts. However, they also highlighted the need for specialist advice and support to be much more widely available. They spoke about a lack of access to health services and other support services, which happened for a number of reasons: sometimes because of discrimination, sometimes because of a lack of communication skills, and sometimes because they and other learning disabled women were not empowered to express their needs. They repeated that there was a need for training for front-line professionals, which they strongly suggested should be delivered by learning disabled women themselves. They identified an additional barrier that they faced, which was dealing with workers who did not have the confidence to deal with them as learning disabled women.

Women often want to use mainstream services where they can, but feel that the staff are often not equipped to support them. In her role as Minister with responsibility for disabled people, I hope that the hon. Lady takes these points up urgently with colleagues in the relevant Departments, and urges them to engage directly with learning disabled women in formulating Government policy.

I want to put on record my gratitude to the disabled people and their families who have taken the time to describe to me the deeply distressing, shocking and vicious attacks they have experienced, and how the system has sometimes let them down. I also want to thank the families of Keith Philpott and Gary Skelly, members of the Disability Hate Crime Network, Simon Green and Stephen Brookes, and the women I met at Change. Their stories of abuse, violence and in some cases death, have brought home to me that there remains a dark and primitive side to our attitudes to disabled people, which still too often manifests itself in harassment and criminal behaviour that simply cannot be tolerated in any civilised society. I am pleased that we are debating the issue this morning. It must not remain hidden in plain sight.

--- Later in debate ---

[Mike Crockart (Edinburgh West) (LD)]

I start by adding my congratulations to the hon. Member for Stretford and Urmston (Kate Green) on securing the debate. I recognise that she has long been a champion on the issue. As someone who sat on the Legal Aid, Sentencing and Punishment of Offenders Bill Committee, I welcome the Government’s announcement that they will table amendments in the House of Lords to offer disabled victims of crime the same protection as those who are targeted because of their race, religion or sexual orientation. The provisions were pushed for by the hon. Member for Stretford and Urmston and by my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard).

Although I am particularly pleased to learn that the Government will be tabling those amendments, I hope that they will seek to build on experience north of the border. In 2010, Scotland became the first country in Europe to have specific disability hate crime legislation on its statute book. The Offences (Aggravation by Prejudice) (Scotland) Act 2009 makes provision for statutory aggravations that can be attached to offences motivated by prejudice towards disabled or lesbian, gay, bisexual and transgender people, and requires courts to say what impact, if any, those aggravating factors have had on sentencing.

In Scotland, any criminal offence that is partly or wholly motivated by prejudice on such grounds is to be dealt with as a hate crime all the way through the system. For example, the offence could be assault, vandalism, verbal threats, abuse that could be charged as breach of the peace, or any other crime. If the person committing the offence uses disability-prejudiced language, or if there is any other evidence of a prejudiced motive, that makes it a hate crime. If anyone witnessing a crime thinks it was a hate crime, the police must record it as a hate incident. If there is any evidence of a hate motive—for example, prejudiced language—it will be charged as a hate crime. If the person charged is found guilty, the hate motive will be taken into account in sentencing, and the court must say publicly what difference the hate motive made to the sentence.

[Kate Green]

It is interesting to hear about the experience in Scotland, from which I am sure we can learn. I was very interested in what the hon. Gentleman said—that if anyone identifies the crime as a hate crime it must be treated as a hate crime. Is it not also important to recognise that although victims themselves often specifically exclude the possibility that it was a hate crime, that in itself should not be taken at face value, because there may be all sorts of pressures on them not to identify it as such?

[Mike Crockart]

I absolutely agree. In fact, the hon. Lady’s intervention feeds very nicely into my next point. Twenty years ago, when I was going through basic training as a police officer, racial incidents were going through the self-same process. When someone was the target of a racial incident and did not necessarily feel that it was one, the fact that someone else had witnessed the incident was sufficient to make it a racial incident. That was the test that I was taught to use 20 years ago. I have to admit that at the time it felt excessive, but it was only thus that such crimes and incidents became generally unacceptable. In that way, there was a move to general agreement that much of the racist language of the ’70s and ’80s, which was tolerated by the silent majority, was derisive and abusive. Such a move is required in attitudes to disability hate crime, and is massively overdue. I trust that the Minister will be able to assure us that the amendments that the Government have now promised to table in the Lords will go further and build on the experience in Scotland, affording a similar level of protection in England and Wales.

The announcement from the Government signals recognition, welcome to us all, of the need to tackle those despicable crimes. It is also heartening for me to help push forward the agenda that my predecessor in Edinburgh West worked on in the previous Parliament. Responding to a parliamentary question tabled by my predecessor, John Barrett, in April 2008, the then Home Office Minister, the hon. Member for Gedling (Vernon Coaker) said:

“The Home Office is responsible for the police recorded statistics. Statistics are collected on the number of racially or religiously aggravated offences but no information is available on those offences which are specifically ‘disability hate’ crimes.”—[Official Report, 29 April 2008; Vol. 475, c. 330W.]

I welcome what the Government have already done, specifically the coalition commitment to improve the recording of such crimes. Since April 2011, all police forces now report hate crimes centrally. Published data from the Association of Chief Police Officers show increases in the number of disability hate crimes reported in 2010—a 21.3% increase on the recorded figures in 2009. This must be one of the few areas where we can welcome a large increase in reported crime, as it shows that the push for people to report the crimes is having an effect.

I await the promised hate crime action plan and the Government response to the Equality and Human Rights Commission inquiry, but it is positive that the issue is finally receiving the attention that it deserves, although of course it is a shame that this or any Government have to tackle it at all. Such horrific cases as the killings of Brent Martin, Steven Hoskin or Fiona Pilkington should assault our consciousness as a decent society and daily remind us how serious the situation can become if left unchecked. As the Equality and Human Rights Commission noted in its “Hidden in plain sight” inquiry, we need to look at preventive strategies alongside any legislative changes, ensuring that we nip in the bud such attitudes and behaviours before they escalate. We also need to address the wider geographical, social and economic factors, identified in the Commission’s research, that can leave disabled people and others at greater risk.

A change of attitude in this country is vital. After all, it is not disabled people who create their oppression, it is others. As previously said, and as Sir Ken Macdonald so eloquently argued in one of his final speeches as Director of Public Prosecutions, we must overcome a prevailing assumption that disabled people’s intrinsic vulnerability explains the risk that they face, an assumption unsupported by evidence. At best, that had led to protectionism, constraining rather than expanding the individual freedom and opportunity that greater safety and security should provide. Only by extending the same expectations of safety and security to disabled people as to everyone else can we truly address the deficits in our current approach and wake up to the need to act. I look forward to hearing the Minister’s comments on those points as well.

I am a member of the Joint Committee on Human Rights. We are currently finishing an inquiry into independent living, which has looked at various aspects such as access to welfare, housing and employment and the differences in provision between different local authorities and nations. We have even had the Minister along recently to answer various questions about Government policy. However, I now realise that we have omitted investigation of a basic element. A constituent part of ensuring access to independent living is laid out in article 3 of the universal declaration of human rights:

“Everyone has the right to life, liberty and”—

crucially—“security of person.” What is clear from many of the dreadful examples that we have heard today is that that security is put at risk daily by the criminal acts of a few, which are unfortunately tolerated by many more.

As a member of the JCHR, I have also taken note of the EHRC’s endorsement of the mechanisms of the Human Rights Act 1998, which it says are essential for the protection of human rights in the United Kingdom. The EHRC also argues that the existing law is well crafted to balance Britain’s international obligations with its constitutional conventions. In particular, the existing Act preserves parliamentary sovereignty and the role of British judges in interpreting the legislation, and has allowed many people to exercise their basic rights without the time and expense of taking a case to the European Court of Human Rights. I hope that the Minister can reassure me and other members of the Joint Committee that any revision of the Human Rights Act will not change that crucial lifeline for those who are disabled.

In conclusion, I welcome the issue finally receiving the attention it deserves. I await further concrete steps by the Government to deal with this hidden crime.