Disability Hate Crime

Maria Miller Excerpts

Wednesday 23rd November 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller)]

As always, it is a pleasure to serve under your chairmanship, Mr Gray. I commend the hon. Member for Stretford and Urmston (Kate Green) for securing this debate. It has given us all an opportunity to focus on this issue in what has been an extremely informed, lively and useful debate.

I will try to respond to as many issues as possible in the time that I have available. There is a great deal of ground to cover. My hon. Friend the Member for South Swindon (Mr Buckland) put his finger on the issue when he said that we need to change attitudes, as we saw happen for the victims of domestic violence. That brought home to me the issue that we need to deal with here. I absolutely agree with what he said.

In 2008, the then Director of Public Prosecutions said something that many hon. Members would agree with: the issue of disability hate crime is a scar on the conscience of the criminal justice system. It is important that we recognise, both within the House and outside, the magnitude of the problem that we face. Any form of discrimination against disabled people is absolutely unacceptable. Hate crime is a particularly disgusting and disgraceful abuse of disabled people, which has no place in civilised society. Working with disabled people and disabled people’s organisations and raising awareness through debates such as today’s is a way of trying to continue to change attitudes, which was a theme in hon. Members’ contributions.

My hon. Friend the Member for Eastbourne (Stephen Lloyd) talked about the importance of the way in which we handle this matter. He made the important point that disabled people do not want to be treated as victims. Our starting point must be that disabled people have to be absolutely clear that they are adequately protected by the law. The hon. Member for Stretford and Urmston wanted to know about practical things that the Government are doing now. She is absolutely right that warm words are not enough, so I will cut straight to the quick.

We have made a commitment in our coalition agreement to improve recording, and we are delivering on that. I do not need to rehearse with the hon. Lady the work that we are doing in that area. We have also supported the work that Radar is doing to improve reporting across the country, and I am pleased that one of our staff from the Office for Disability Issues has been seconded to help in that work. We are also working with the Association of Chief Police Officers to ensure that it is doing all it can. We have heard from hon. Members today that there are more than 1,500 recorded disability hate crime offences. I think that that is the tip of the iceberg and we need to continue to work hard on that.

Several hon. Members, including the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke), the hon. Member for Stretford and Urmston, my hon. Friend the Member for South Swindon and my hon. Friend the Member for Edinburgh West (Mike Crockart), raised the issue of sentencing. I will take a couple of minutes to dwell on that, because it is complex. We have heard that we can perhaps learn something from Scotland, for which I thank my hon. Friend the Member for Edinburgh West. We are committed to ensuring that everybody has the freedom to live their lives free from the fear of targeted hostility or harassment on the grounds of a particular characteristic, including disability. On section 146, undue leniency and aggravating factors—issues that hon. Members have raised today—we are absolutely open to looking at how the law is working in practice, particularly around section 146 and any inconsistencies by the court. We are always looking at evidence that suggests that courts consider their powers insufficient to deal with such cases.

We will be considering carefully the recommendations of the Equality and Human Rights Commission and we will respond to them. I am pleased to note that the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt), has already met Mencap and the National Autistic Society to discuss these matters in detail. I want to go one stage further for the hon. Member for Stretford and Urmston to underline my concern and commitment to ensure that we see action. I will undertake to meet the Under-Secretary of State for Justice and also Mencap and any other organisations that have an interest to ensure that we are delivering not just warm words but action in this area.

Hon. Members have noted the important progress that we have made with regard to sentencing. They may be interested to know that in September I wrote to the Under-Secretary of State for Justice to underline the need for change to resolve the issues around schedule 21. I was pleased that the Secretary of State for Justice was able to confirm the Government’s intention to publish amendments in the other place, so that murders motivated by hostility towards disabled people will have the same sentencing starting point of 30 years as those aggravated by race, religion and sexual orientation.

My hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) made an extremely impassioned contribution to the debate. I welcome his insight. He raised the issue of mate crime. Mencap’s work in this area has been extremely helpful. Crimes targeted at disabled people by friends, relatives and carers are a significant challenge for the criminal justice agencies and the Government. I reassure him that the issue is seen as a priority.

I was pleased to see Mencap’s “Stand by Me” charter. It is something that individual police forces and chief constables are able to support, and I encourage them to do so. Recognising hate crime and improving its reporting must be a continued priority. We have 19 organisations that work to support victims of hate crime. We have made sure that additional funding is available for the work that they do. My hon. Friend the Member for Blackpool North and Cleveleys referred to the organisation that I met with him in Blackpool and the excellent work that it does with the support of Stephen Brookes. I want to reiterate his comments.

Other hon. Members, particularly the hon. Member for Strangford (Jim Shannon), raised the issue of devolution and the importance of a UK-wide approach. Perhaps he will be reassured to know that the ACPO lead on hate crime is a Northern Ireland police officer. Although there are devolved issues in terms of crime and justice, ACPO is ensuring that we are all working closely together.

Hon. Members will know that the Equality and Human Rights Commission published its report in September. On the back of that report, I took the opportunity to write to relevant Ministers to underline my support for its work and to highlight the requirements of the public sector equality duty, which must be considered in their response. The recommendations are being considered at the moment and will be reflected in the cross-government action plan, which I am sure hon. Members will be pleased to know will be published early next year. It was important that we had the EHRC report to reflect on first.

I have demonstrated that there has been absolutely no pause in the work of the Government to tackle disability hate crime while the action plan is being considered. Indeed, action across Government continues to be critical, which is an issue that the hon. Member for Stretford and Urmston raised. I want to reassure her that we have important structures in place around the independent advisory group, which continues to advise across Government. We are also about to engage in a major new piece of work to look at how we can change attitudes towards disabled people, which was at the heart of much of today’s debate. Over the next few months, I look forward to working with disabled people on those issues.

The right hon. Member for Stirling (Mrs McGuire) mentioned the portrayal of disabled people in the media. She and I are as one on this.