« Previous | Contents | Next »
Listen
REPORT OF CROSS-PARTY WORKING GROUP ON RELIGIOUS HATRED
Chapter 1 Introduction
1.01 This Report sets out the conclusions of the Cross-Party Working Group on Possible Legislation to Tackle Religious Hatred in Scotland. It considers whether legislation is necessary or desirable, readily capable of enforcement and likely to lead to the reduction of sectarianism and other forms of religious hatred. The Group has also considered whether there are other, more appropriate ways to tackle the issue of religious hatred and send a strong signal to the public that there is no place for bigotry in today's Scotland. The overall conclusion of the Group was that there were strong arguments for legislation but these should not overshadow the need for changes in practice, culture and attitudes to combat religious prejudice on a wider front.
From the past to the present
1.02 Religious differences form the background to much of Scotland's history since the Middle Ages. There has been a recognisable element of religion running through Scottish politics down the centuries - from the introduction of Christianity, the Reformation and the troubled reign of Mary Queen of Scots, the Solemn League and Covenant, the "Glorious Revolution" and the Jacobite Rebellions. Within living memory it has been an open secret that some employers would not appoint people of a particular faith. While there was some evidence of anti-semitism in pre-1940's Great Britain, casually expressed in literature in the same way as other examples of discrimination, the history of religious division in Scotland up until the mid 20th century was largely one of inter-Christian sectarianism.
1.03 More recent immigration from further afield, an improvement in world communications and more relaxed attitudes have brought a bigger diversity of religious faith to Scotland and also a growing constituency of people who would say that they are of no religious faith. Sometimes the expression of religious belief will involve expressing genuine but respectful disagreement with someone else's belief. But at times so-called "religious differences" can be used as a pretext for intolerance, racism and cultural imperialism, for insulting behaviour and for acts of violence. Much of the media attention regarding inter-Christian sectarianism in Scotland focuses on the attitudes and behaviour of certain football fans - but religious intolerance can go much wider than that.
1.04 To consider meaningfully the issue of religious hatred, we believe it is important to acknowledge the many crossovers between religion, culture, history, race, politics and patriotic feeling. It can sometimes be difficult to dissociate religion from all these factors. As just one example, criticism of the Israeli/Palestinian conflict in the Middle East sometimes draws accusations of racism or religious discrimination, including anti-Semitism and Islamophobia.
Recent political developments
1.05 Religious hatred is clearly a matter of concern to all right-minded citizens and there have been a number of political developments recently which have sought to tackle the problem through legislation.
1.06 Article 9 of the European Convention on Human Rights provides that:
" (1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
(2) Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."
1.07 Article 13 of the Treaty of Amsterdam includes an Employment Directive which requires member states to make discrimination unlawful on grounds of religion or belief, disability, age or sexual orientation in the areas of employment and training. It also includes a Race Directive, which requires member states to make discrimination on grounds of racial or ethnic origin unlawful in the following areas: employment, training, education, access to social security and health care, social advantages and access to goods and services, including housing.
1.08 In July 2001, Dennis Canavan MSP wrote as convener of the Cross-Party Sports Group to the then First Minister about proposals he had received from the Old Firm (Rangers and Celtic football clubs) for tackling sectarianism in football and in Scottish society more generally. The First Minister responded welcoming the approach taken by the clubs and highlighting the need for the different agencies involved to work together to achieve most of the aims.
1.09 In June 2001, Donald Gorrie MSP lodged a proposal for a Bill in the Scottish Parliament to make sectarian behaviour an aggravation of a criminal offence. The intention of this would be to attract more punitive sentences for offences which were committed with a sectarian motivation. He also proposed the creation of a code of conduct on tackling sectarian behaviour. Mr Gorrie's consultation on his proposed Bill drew almost 100 responses, most of which expressed support for his objectives. However, under the rules of the Scottish Parliament on the drafting of Private Members' Bills, the setting up of this Working Group on Religious Hatred had the effect of suspending work on drafting the Bill. Mr Gorrie has brought forward new proposals for an amendment to the Criminal Justice Bill currently being considered in the Scottish Parliament. These proposals if enacted would make the motivation of religious or sectarian hatred an aggravation of a criminal offence.
1.10 On 15 October 2001, the UK Home Secretary announced that he intended to include measures to counter religiously-motivated crime in the Anti-Terrorism, Crime and Security Bill. He proposed, amongst other things, to widen the existing law to cover incitement to religious hatred and to create a new category of religiously-aggravated offences to complement the racially-aggravated offences created by the Crime and Disorder Act 1998. During the passage of the Bill the Home Secretary withdrew the provisions on incitement to religious hatred after the House of Lords twice voted against them. However, the separate provisions on religiously-aggravated offences in England and Wales received Royal Assent in December 2001. See Annex A for an outline of the relevant provisions. At the time of writing, there have been three prosecutions under the new provisions in England and Wales, one of which has proceeded to conviction. The House of Lords have set up a Religious Offences Committee to consider the law on blasphemy and the wider issue of religious hatred offences.
1.11 During a debate in the Scottish Parliament on 15 November 2001 about the UK Parliament's Anti-Terrorism, Crime and Security Bill, Iain Gray (then Deputy Justice Minister) indicated that the Executive considered that the existing law in Scotland had been sufficient to deal firmly with religious hatred. The Executive therefore did not consider it appropriate for the Bill's provisions on religious hatred to extend to Scotland. Nevertheless he announced that the Executive would convene a cross-party working group to consider whether there was a need for any new legislation on this issue in Scotland. We are that group and this report is the result of our deliberations.
Membership of the Working Group
1.12 Membership of the Working Group is as follows:
Dr Richard Simpson MSP, at the time Deputy Minister for Justice (in the Chair)
Roseanna Cunningham MSP (SNP)
Lord James Douglas-Hamilton MSP (Con)
Donald Gorrie MSP (Lib Dem)
Hugh Henry MSP, at the time Deputy Minister for Social Justice (replacing Margaret Curran MSP following her appointment as Minister for Social Justice)
Pauline McNeill MSP, Convener Justice 2 Committee of the Scottish Parliament
Association of Chief Police Officers in Scotland (ACPOS) (Assistant Chief Constable John McLean, Strathclyde Police)
Commission for Racial Equality Scotland (Mick Conboy)
Officials from the Crown Office and the Scottish Executive (Criminal Justice Division, Police Division and Equal Opportunities Unit) also participated in the Group's meetings.
Remit of the Group
1.13 The remit of the Working Group is as follows:
"Consider the need for legislation to combat religious hatred (in particular the creation of a new category of statutory aggravations and the creation of a new offence of incitement to religious hatred) and if appropriate develop effective and workable proposals for legislation to increase the protection to religious groups in Scotland.
Consider whether non-legislative action could be taken as an alternative."
Method
1.14 The Group has met four times . We have had discussions with the Crown Office and Procurator Fiscal Service, with the Association of Chief Police Officers (Scotland), with representatives of faith groups (see Annex B for details), with the anti-sectarian charity Nil By Mouth and with representatives of Celtic and Rangers football clubs. Group members also attended two Old Firm games in Glasgow to see for ourselves the challenges of policing and stewarding the matches. We are very grateful to all those who gave evidence and took the time to explain to us their point of view on the issues.
Consultation
1.15 This Working Group report is not the end of the process. We understand that the Executive plans to consult on the report as a way of promoting wider discussion among relevant groups within Scottish public life on how religious hatred can most effectively be overcome.
1.16 We are conscious that some of our recommendations are for organisations which are neither part of nor within the control of the Scottish Executive. We are particularly anxious that these organisations consider our recommendations and respond to the consultation constructively, to say what they are willing to do or what they expect from other agencies, aside from the other recommendations in this report, to enable them to take the steps we recommend. Legislation alone can never provide an effective solution to the problems of prejudice and religious hatred. It requires wider culture and attitude change and effective action by all those who have to manage the situations in which such prejudice and hatred can manifest itself.
1.17 It is usual practice to make responses to a consultation exercise available for public viewing, unless the respondent specifies otherwise. Responses to the consultation will be placed after the closing date in the Scottish Executive library.
1.18 Please send your response to:
(by post)
Religious Hatred Consultation
c/o Wilma Smith
SEJD Criminal Justice Division
Area 1WR
St Andrew's House
Regent Road
EDINBURGH EH1 3DG
(by email) religioushatredviews@scotland.gsi.gov.uk
The closing date for responses is 14th March 2003.
1.19 A copy of this report is available on the world wide web at: http://www.scotland.gov.uk/views/views.asp . Further copies can also be obtained by telephoning Wilma Smith on 0131 244 2293.
« Previous | Contents | Next »