Scotland Bill

Debate between Mark Durkan and Kate Green

Monday 8th June 2015 Commons Chamber

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

I am pleased to have the opportunity to contribute to this debate on a significant piece of constitutional legislation—the next step in a process we have been witnessing since at least 1997, when the first steps to a devolved Scottish Parliament were put in place.

It will come as no surprise to the House that I take a close personal interest in this Bill, as a Scot by birth and upbringing who has lived in England for many decades. Not only is it important to me personally for that reason, but it is important to many of my constituents who share exactly the same family experience. These families have lived, and continue to live, on both sides of the border, and they feel an emotional and physical attachment to England and Scotland as a result of their history and their lives today. We have, again, heard from other Members who share that family experience, including in at least two maiden speeches—those of the hon. Member for South Leicestershire (Alberto Costa) and my hon. Friend the Member for Stoke-on-Trent North (Ruth Smeeth). They, too, described exactly that experience, which is very common in this country of people who have strong family links and histories in both England and Scotland—and indeed in other parts of the UK.

The Bill is not only important to families across the UK, but it is an important financial, political and constitutional settlement that needs therefore to be fair to people in all parts of the UK. Clearly, there is cross-party support for the Smith commission principles and for the idea of greater devolution. This is a great opportunity for people in Scotland to tackle the poverty and inequality that still pertain in that country. It is very much one that I hope we will be able to replicate in my part of the country in the devolution settlement we achieve for Greater Manchester. But that cross-party support for devolution sits alongside our wish for the continued ability to pool and share risks and resources, and nowhere is that more important than in relation to welfare provision, where it is key that costs and risks must be fairly shared.

There has been much discussion this evening of the extent to which this Bill gives effect to the intentions of the Smith commission. Smith said that there should be “complete autonomy” over devolved benefits. We heard tonight concerns that, in practice, the UK Government will now be able to veto that autonomy, and questions were asked about what that would mean in practice and how things would operate.

It is important to say to those who speak for complete autonomy and expect that that would not involve a degree of negotiation and consultation between the two Governments that we must recognise the huge scale and challenge of the operational change the Department for Work and Pensions is facing now on welfare. Indeed, it is now in a state of perpetual revolution, which makes such negotiation necessary. It will not help people in Scotland or in England or Wales if the stability and resilience of our welfare systems is put at risk by an insistence on impractical solutions. Equally, however, the Bill’s wording as to what we mean by this process of consultation and this notion of veto is unhelpfully woolly. I hope there will be an opportunity to tighten it up in Committee.

[Mark Durkan (Foyle) (SDLP)]

Given the hon. Lady’s caution, what does she think of the example in Northern Ireland? On paper, the Northern Ireland Assembly has legislative power, but Westminster has basically said, “Unless you pass a karaoke version of our legislation, we will interfere in the rest of your Budget and create a Budget crisis.” That situation is now creating a political crisis.

Disability Hate Crime

Debate between Mark Durkan and Kate Green

Wednesday 23rd November 2011 Westminster Hall

[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.