Disability Hate Crime

Anne McGuire Excerpts

Wednesday 23rd November 2011 Westminster Hall

[Mrs Anne McGuire (Stirling) (Lab)]

I am delighted to be in the Chamber under your chairmanship, Mr Gray. I have known you for more years than either of us cares to remember, so it is a pleasure to find ourselves in this situation this morning.

I echo the remarks of others and congratulate my hon. Friend the Member for Stretford and Urmston (Kate Green) on initiating this important debate. I thank other colleagues—my right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr Clarke) and the hon. Members for Blackpool North and Cleveleys (Paul Maynard), for Eastbourne (Stephen Lloyd), for Edinburgh West (Mike Crockart) and for South Swindon (Mr Buckland)—for their powerful comments. I also thank colleagues from Northern Ireland who participated in the debate. The question was asked about this being a UK issue; it is definitely a UK issue. Indeed, the Equality and Human Rights Commission report makes recommendations for the devolved Administrations, which I hope they will be able to pursue.

As others in the Chamber have said, it is to our collective shame as a society that we are having to consider such a report 11 years into the 21st century. We are supposed to be committed to a road map for equality for disabled people, yet we are considering a document that highlights the antagonism, harassment, assault and even murder inflicted on those whose only crime was that they were disabled and were therefore seen as a legitimate target by those who sought to harm them.

It is difficult to read the report without becoming angry about the fact that, after the passing of two disability discrimination Acts, an equality Act, the establishment of the Disability Rights Commission, which is now the Equality and Human Rights Commission, the signing and ratification of the UN convention on the rights of people with disabilities, the Autism Act 2009, the European convention on human rights and the Human Rights Act 1998, and the introduction of public sector duties, our society still sees disabled people being abused daily and regularly becoming victims of violent crime. That is the picture that has been presented to us in the report.

The lessons are stark. For example, public authorities such as police and social services have often been aware of harassment of individuals, but no action has been taken. Even when the harassment escalates, it is often the case that little effective action is taken to protect the disabled person, which often results, as my hon. Friend the Member for Stretford and Urmston said, in an escalation of the victimisation of the disabled person. When action has been taken, it has often been unco-ordinated, with little exchange or intelligence sharing among those public authorities that were duty-bound to be part of the support network for the disabled person.

As has been alluded to, research shows that some 60% of disabled people have been the victim of some sort of hostility, violence or aggression from strangers. As the hon. Member for Blackpool North and Cleveleys said, there is increasing awareness that some disabled people are victimised and abused by people who are known to them. To echo the comments of my right hon. Friend the Member for Coatbridge, Chryston and Bellshill, it is particularly worrying that, according to Mencap, nine out of 10 people with learning disabilities have experienced such abusive behaviour, and there is evidence to suggest that such behaviour is on the increase. I will come to that later.

As my hon. Friend the Member for Stretford and Urmston said, the Equality and Human Rights Commission report says that disabled people are more likely to be victims of crime than non-disabled people. That reflects a pattern of disadvantage for disabled people in many spheres, including education, health outcomes and access to services. More worrying—I hope that we do not lose sight of this point—is the fact that many disabled people have come to accept that that is an unwelcome but almost inevitable part of their daily lives. What a devastating indictment it is that we have disabled citizens who believe that abuse and harassment, or worse, come with the territory and are things they must put up with.

I congratulate Mike Smith, lead commissioner for the Equality and Human Rights Commission inquiry, who was extremely challenging in his foreword to the report. His words are worth quoting:

“For me, two things come out of this inquiry that are far more shocking than the 10 cases that we cover in more detail, awful as they are. The first is just how much harassment seems to be going on. It’s not just some extreme things happening to a handful of people: it’s an awful lot of unpleasant things happening to a great many people, almost certainly in the hundreds of thousands each year.”

That echoes the experience of the hon. Member for Blackpool North and Cleveleys, which is that even someone with his awareness found out that someone in his street was being abused. Mike Smith’s second point was that

“no one knows about it. Schools don’t know how many disabled pupils are bullied; local authorities and registered social landlords don’t know how many antisocial behaviour victims are disabled; health services don’t know how many assault victims are disabled; police don’t know how many victims of crime are disabled; the courts don’t know how many disabled victims have access to special measures”

and so on. That is the picture that Mike Smith paints today.

Although the cases are horrible individually, collectively they are truly horrific. Michael Gilbert was a young man with an undiagnosed mental health condition whose dismembered body was found near Luton. He was murdered after years of torture by the Watt family. He had been in contact with police on various occasions, but was never afforded the protection he deserved. Steven Hoskin was a 38-year-old with learning disabilities who was found dead at the bottom of a 100-foot railway viaduct in St Austell, Cornwall. He had been tortured for years before his death, and suffered various

injuries inflicted upon him by people he knew. He had been tied up, dragged round by a lead, imprisoned, burned with cigarettes, humiliated, and violently and repeatedly abused in his own home.

One would think that going to the hairdresser was a safe activity for a disabled person. My hon. Friend the Member for Stretford and Urmston raised this matter and said that a young man did a normal thing and went to a hairdresser, but the hairdresser thought he would have a bit of fun at that young man’s expense. Something that links back to the comments of the hon. Member for South Swindon (Mr Buckland) is the fact that although we may believe that the sentence was not adequate—I believe it was 200 hours of unpaid work, compensation and court costs—the magistrates increased it by using section 146 of the Criminal Justice Act 2003, which allowed tougher sentences for disability hate crimes. Police, prosecutors and magistrates won praise for the way they co-ordinated their action and used that provision. A little light was shed on the situation.

I ask the Minister to address the Government’s responsibilities concerning the environment in which disabled people live their lives. We have heard a great deal about the cultural environment in which we work, and we have heard about the Scope report. We have not heard about the second part of the report, but it says that 65% of disabled people thought that others did not believe that they were disabled, and 73% thought that others presumed that they did not work.

Leaving aside the debate on whether the Government are on the right track with their welfare reform—that is for another Chamber and another time—the daily feeding to the media of press releases and distortion of figures, and the calling into question whether people really are disabled, has changed the landscape for disabled people. Glasgow university’s monitoring report showed a dramatic increase in the number of media articles related to disability fraud. When its focus group was asked for a disability story, it typically came up with benefit fraud. Is it any wonder that we are seeing cases such as the one reported last week in South Shields, where Peter Greener, a wheelchair user with a brain condition, suffered months of taunts about being a benefit scrounger, stone throwing and harassment by his neighbour, who thought he was exaggerating his disability?

We have heard stories about the Secretary of State for Work and Pensions being enraged when he was told by his Department that no precise figures for the number of people with attention deficit hyperactivity disorder who receive free cars were available. The paper concerned had to correct the story the following week, at the prompting of not the Department, but a disability organisation. It does not help disabled people to live their lives when statements are made that disability living allowance is available just by filling in a form. The Minister knows, and I know, that that is not a true picture.

I say with the greatest respect—I exempt the Minister from making such outrageous comments; she has conducted the debate with a measured approach—that she should challenge some of the more outrageous and outlandish comments by some of her senior colleagues, because they are creating an atmosphere that is to the greater disadvantage of disabled people, and that causes fear and uncertainty in their lives.

We can have the debate about welfare reform, but we must ensure that the language—the hon. Member for Eastbourne referred to this—with which we discuss these issues is that of moderation, which recognises that people have their own dignity, and that they are entitled to be treated with dignity and not be encapsulated in some cheap media headline.

I appreciate that the Minister has a very short time in which to respond. I look forward to that response and congratulate her and other colleagues on allowing us to have this important debate.