Disabled People: Disability Hate Crime

Baroness Browning Excerpts

Monday 27th June 2011 Lords Chamber

[Lord Rix]

To ask Her Majesty’s Government what steps they are taking to help the police and other agencies to respond more effectively to disability hate crime.

[The Minister of State, Home Office (Baroness Browning)]

My Lords, hate crime, including that targeting a person’s perceived disability, is an issue that the Government take very seriously. That is why the coalition’s programme for government included a commitment to improve the recording of such crimes. We are also working with the police and others to increase the reporting of hate crimes against disabled people and on ways of identifying repeat victims more quickly.

[Lord Rix]

I thank the Minister for that response, which follows what Paul Burstow, the Minister for Care Services, told us last week at the launch of the Mencap initiative with regard to hate crime. But is she aware that, ever since the Welfare Reform Bill was tabled, certain inflammatory reports have appeared in a number of media alleging that people on disability benefits are scroungers and layabouts? Does she agree that such inflammatory language can lead only to more disability hate crime? What can the Government do to ameliorate this matter?

[Baroness Browning]

My Lords, the noble Lord, whose record in this area, particularly his long and distinguished association with Mencap, is respected throughout the House, raises an important point. Grouping people with disabilities together in a generic way is of itself a problem. Beyond that, it is important that as a society we start to recognise disabilities right across the spectrum, particularly those that the noble Lord has been such a good advocate for—those relating to learning difficulties and communication disorders where often the disability itself is not evident on first sight or first meeting. The noble Lord will know that I have taken a close interest in autism for the past 40 years and I have often described the disability as an iceberg—a third above the surface and two-thirds below. That two-thirds below the surface of the disability is as important as what people see on first sight.

[Lord Peston]

My Lords, I agree very much with what the noble Baroness has just said. One of the overwhelming problems among people who ought to know a great deal better, including many members of the medical profession, is that they accept that someone like me who has a damaged leg is not faking it, but think that someone who has a disability of a psychological origin is making it up. That is something that the Government must take a lead on. I am delighted to hear that that is precisely the noble Baroness’s position.

[Baroness Browning]

My Lords, I agree with the noble Lord. One of the difficulties that we often face is with professionals who have only a passing interest. He particularly mentioned the medical profession. I do not want to generalise, because some very good work is done by the medical profession, but you cannot expect the medical profession to be experts in everything. There are important factors to remember when they come into contact with people, particularly those in the group mentioned by the noble Lord, Lord Rix, whom the Mencap report focused on. Learning disability is defined as people who have an IQ of under 70. Some of those on the autistic spectrum have very high IQs and yet their disability is still there. It is important that when people are referred to so-called professionals, whether in the medical profession or elsewhere, for some sort of assessment, the person seeing them either has the expertise to make a proper assessment or has the good grace to refer them to someone who has.

[Lord McColl of Dulwich]

My Lords, vis-à-vis the reference to the medical profession, does my noble friend agree that politicians are not exactly paragons of virtue in this field? In another place an MP with cerebral palsy was ridiculed for his speech.

[Baroness Browning]

My Lords, my noble friend hits on something very important and we should make hate crime against people who are disabled a priority. What is sometimes euphemistically referred to as anti-social behaviour or low-level crime has a cumulative effect, as we saw particularly in the tragic case of Fiona Pilkington. Also, when people commit hate actions, whether they are verbal or physical, that is criminal; it is not low level, it is not just an anti-social euphemism, it is criminal and should be treated as such.

[Lord Touhig]

My Lords, in October last year three men who tortured a young man with Asperger’s syndrome were prosecuted for actual bodily harm. Over a three-day period they kicked and stamped on his head, repeatedly beat his chest, smacked him with a tennis racquet, threw him down an embankment, pelted him with dog faeces, rubbed his limbs with sandpaper and then forced him to drink so much vodka and gin that he passed out. Their sentence was 80 hours of community service. The National Autistic Society thinks that was an extremely lenient sentence. I agree. Would the Minister therefore be prepared to facilitate a meeting between the Justice Secretary, the National Autistic Society, myself and others so we can go into this matter?

--- Later in debate ---

[Baroness Browning]

The noble Lord will know that I am a vice-president of the National Autistic Society and I am very happy to take forward his request.

[Lord Wigley]

My Lords—

[Baroness Hollins]

My Lords, my son was a victim of hate crime 10 years ago and with my advocacy and support he was able to give evidence in court and the people who mugged him received significant jail sentences. What steps are the Government taking to ensure that court staff are being adequately trained in disability matters so that people with disabilities subject to disability hate crime get a proper hearing and that people with learning difficulties are involved in that training?

[Baroness Browning]

My Lords, the noble Baroness, whose case I am aware of, raises a very important point. Training across the police, the Courts Service and others was an integral part of the Mencap report. I asked to see the latest document, which I have here, which allows people with learning disabilities to record, with the help of others, the facts of the case. One of the difficulties in bringing cases to court and getting a conviction is that, by definition, these people are not very good witnesses and they need support and help to be able to explain what has happened to them and to bring forward sufficient evidence to bring the case to court. I can assure the noble Baroness that we are doing all we can to ensure that training takes place and that victims and their carers—very often they are the key persons to help support them through this—are given the support that they deserve and that the police and all those involved in the Courts Service recognise the way that they have to treat people to bring a case to court and to take it through the court. I am happy to say that there are many police forces now which are taking that forward and doing some very good work.