Part I - Metropolitan
Territory
The United Kingdom of Great Britain and Northern Ireland
1. The United Kingdom Government is fully committed to promoting human rights. This includes giving effect to the rights in the international instruments which it has ratified. It has striven to comply with all the various requirements. It has adhered closely to reporting requirements and has assisted the visiting committees. It has also played an important part in the reform of the institutions and procedures established under the European Convention on Human Rights (ECHR), now codified in the 11th Protocol.
2. On of the first acts of the current administration, which came into power in May 1997, was to introduce major new legislation on human rights. The Human Rights Act 1998 incorporates into United Kingdom law the substantive rights and freedoms in the ECHR. Many Convention rights are already protected in statute and common law but, for the first time, British citizens will be able to secure all Convention rights through, and as interpreted by, UK Courts. This is a highly significant constitutional measure which is expected to have wide-ranging effects. It is the cornerstone of the Government's commitment to promoting wider awareness of human rights throughout the United Kingdom.
3. The Human Rights Act will be implemented in full on 2 October 2000. It works in three main ways.
4. The United Kingdom considers that the Act will provide an effective remedy in domestic courts for breaches of the Convention. Citizens may still, however, apply to the Court after exhausting domestic remedies, and in ratifying the 11th Protocol in December 1994 the United Kingdom confirmed its acceptance of the right of individual petition as permanent and mandatory.
5. In July 1995, several members of the Committee examining the UK on its Fourth Report regretted that it had not incorporated the ECHR or the Covenant in domestic law, and had not acceded to the First Optional Protocol to the Covenant which gives the right of individual petition. It recommended that the then Government should review its position on the Protocol, and its reservations and derogation to the Convention (CCPR/C/Add.55, paragraphs 20 -23).
6. In July 1997, the Government announced a comprehensive review of its policy on various international human rights instruments, with particular reference to those it had not ratified, or to which it had derogations or reservations. The review was made public in March 1999 (Appendix 1 is an updated summary of the outcome). Reforming legislation had enabled the UK to accede to some of these measures, for example Protocol 6 of the ECHR and the Second Optional Protocol to the Covenant, both of which abolish the death penalty.
7. The review concluded that it would be wrong to divert the considerable resources needed for the commencement of the Human Rights Act, in order to prepare for the right of individual petition under the Covenant (or, indeed, under the conventions against torture or racial discrimination). It undertook, however, to reconsider this question when the Human Rights Act had been fully implemented and was operating satisfactorily.
8. The rest of this report describes the many ways in which the UK has responded to concerns expressed by the Committee, by non-governmental organisations, by Parliament and by the public generally. In this the Government has been very aware of the need for securing and, where necessary, balancing, the substantive rights in the Covenant, and ensuring that mechanisms for their enforcement in various spheres of life are working. This includes not only new legislation and reform of policy and practice, but the setting up of many forms of independent oversight, monitoring and appeal, which are described under the relevant Covenant articles.
Article 1 - Self-determination
9. The United Kingdom's long-standing policy of promoting self-government in its Overseas (formerly ‘Dependent') Territories, its support in the United Nations for the right of self-determination, and the exercise of that right within the United Kingdom itself have been fully reported in the United Kingdom's earlier reports under the Covenant.
10. The United Kingdom's current policies on the enjoyment of the right to self-determination in the Overseas Territories are covered in the Introduction to Part III of this Report, and the annexes to it set out the position in each Overseas Territory.
Devolution
11. Since May 1997, the Government has introduced substantial devolution of powers to Scotland and Wales, as part of its wider programme of constitutional reform. (The position in Northern Ireland is discussed in paragraphs 12-14 below.) Devolution will bring decision-making closer to the people. It represents an opportunity for the people of Northern Ireland, Scotland and Wales to have their own democratically elected and powerful assemblies, while maintaining the close links which have existed for centuries within the United Kingdom This will give people a greater say in their day to day affairs and will ensure more open, accessible and accountable government. In exercising their powers, the three devolved administrations are required by law to comply with the rights in the European Convention on Human Rights. The sovereignty of the Westminster Parliament has been retained for those matters which affect the whole of the United Kingdom, like foreign affairs, defence and macro-economic policy.
Northern Ireland
12. Devolution in Northern Ireland is bound up with the talks which have been taking place between the parties on the future of the Province. They concluded on 10 April 1998 with the Belfast (‘Good Friday') Agreement. In the Agreement, the British and Irish Governments recognise the legitimacy of the freely exercised choice of a majority of the people of Northern Ireland on its status, whether it be to support the Union with Great Britain or a sovereign united Ireland. This was confirmed in the British-Irish Agreement which was signed by the two Governments at the same time (Appendix 2). This principle of consent is also reflected in the Northern Ireland Act 1998 (Appendix 3) which provides that a poll should be held if it appears likely to the Secretary of State for Northern Ireland that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland. If the poll favoured a United Ireland, the Secretary of State would lay before Parliament proposals, agreed with the Irish Government, to give effect to that union.
13. The present freely exercised choice of a majority of the people of Northern Ireland is to maintain the Union. Northern Ireland's continued position as part of the United Kingdom reflects and relies upon that wish.
14. The British-Irish Agreement, relevant sections of the Northern Ireland Act, and amendments to the Irish constitution reflecting the same principle, will come into effect at the moment of transfer of powers to the new Northern Ireland Assembly, established following the Belfast Agreement.
Scotland
15. The White Paper, Scotland's Parliament (Appendix 4), outlined the Government's proposals for devolution in Scotland. The views of people in Scotland were sought in a referendum in September 1997, and almost three-quarters of those who voted supported the creation of a Parliament. The Scotland Act 1998 (Appendix 5) creates the Scottish Parliament which has 129 members (73 elected by a simple majority system, and 56 additional members). The Parliament assumed its powers on 1 July 1999 and is able to make laws for Scotland on a wide range of devolved matters. These include agriculture, economic development, education, environment, fisheries, food standards, forestry, health, housing, local government, planning, social work, tourism and some aspects of transport policy. The Scottish Parliament is responsible for allocating a budget of £14 billion.
Wales
16. In July 1997, the Government published A Voice for Wales: The Government's Proposals for a Welsh Assembly (Appendix 6). These were endorsed in a referendum in Wales in September 1997. The Government of Wales Act 1998 provides for the establishment of a National Assembly for Wales. The National Assembly has 60 members, 40 of whom were elected by simple majority in May 1999, with 20 additional members. The National Assembly assumed its responsibilities on 1 July 1999.
17. The Act provides for a scheme of executive devolution. The National Assembly assumes responsibility for a wide range of matters previously undertaken by the Secretary of State for Wales. These include the exercise of subordinate law-making powers under primary legislation which will continue to be made for Wales (either with England, or for the United Kingdom as a whole) at Westminster; control of an annual budget of around £7bn; and oversight of a range of public bodies and agencies with responsibilities in Wales.
Articles 2 (2) and 26 - Non-discrimination
18. This section of the periodic report contains information about articles 2(2) and 26 of the Covenant. Discrimination against women is discussed under Article 3, and representation of women and of ethnic minorities in public life is covered under Article 25.
Racial discrimination
Government Action to Tackle Racial Discrimination
19. Ethnic minority communities are an integral part of British society. Almost half of the country's ethnic minority population was born in the UK and 75% are British citizens. The Government greatly values the contribution that they make to the country - economically, socially and culturally.
20. The UK Government unreservedly condemns racial discrimination. It is firmly committed to the elimination of all forms of racism and to the development of policies which address racial discrimination, intolerance and violence. It seeks a society in which every individual is able to fulfil his or her potential through the enjoyment of equal rights, opportunities and responsibilities. The Government believes that ethnic diversity should be valued and that racial discrimination is incompatible with a decent and inclusive society and must be tackled vigorously.
UN Convention for the Elimination of All Forms of Racial Discrimination
21. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which took effect in the UK in 1969, contains a range of obligations on States Parties to prohibit and prevent racial discrimination. The UK was last subject to examination, on its 14th Report, in March 1997, when the Committee congratulated the UK on its openness, transparency and willingness to engage in dialogue. The UK's 15th Report has recently been submitted to the Committee.
Council of Europe Framework Convention for the Protection of National Minorities
22. The UK ratified the Framework Convention for the Protection of National Minorities in January 1998. Under the Convention, signatories guarantee persons belonging to national minorities equality before the law and freedom from discrimination. States Parties also agree to adopt, where necessary, measures to promote, in all areas of economic, social, political and cultural life, full and effective equality between minority and majority groups. The UK Government has recently reported on compliance with the Convention.
Race Relations Act 1976
23. The Race Relations Act 1976, which applies to Great Britain, has set the tone for race relations in the United Kingdom for the last twenty years. Under this Act, racial discrimination is unlawful in employment; in education, training and related matters; in the provision of goods, facilities, services and premises; and in the disposal and management of premises. The Act gives individuals a right of direct access to the Civil Courts and Employment Tribunals for legal remedies for unlawful discrimination.
24. In February 1999, the Government announced its intention to extend the provisions of the Race Relations Act, as soon as Parliamentary time permits. In future it will be unlawful for public authorities to discriminate on racial grounds in the exercise of any of their functions (see paragraph 27 below).
Commission for Racial Equality (CRE)
25. The Race Relations Act also established the Commission for Racial Equality (CRE). The CRE is independent of Government, but the Government fully supports its work and provides it with funds of about £15 million a year. The CRE's statutory functions under the Race Relations Act 1976 are to:
26. The Commission also :
27. The CRE published its third review of the Race Relations Act in June 1998. It contains proposals for extending the Act to the public sector; proofing legislation to prevent conflict with the Race Relations Act; developing positive action provisions; requiring business to monitor staff by ethnicity; and increasing the powers of the CRE and Employment Tribunals. The Home Secretary has carried out a consultation on the review to seek the views of those who would be affected by any change. The Government is currently looking at the proposals and the responses. (The Government has already announced its intention to extend the scope of the Race Relations Act to cover the public sector (see paragraph 24)
28. In 1998, the CRE received 1,657 applications for assistance, of which 1,098 were employment related, 479 arose in other areas and 80 were outside the scope of the Race Relations Act. The CRE offered advice and assistance to 972 applicants. Full legal representation was granted in 163 cases and 101 applicants received limited representation. 92 cases were referred to other organisations for representation, including 53 to trade unions, 15 to racial equality councils and one to a complainant aid body. In 1998, 164 cases were concluded by the CRE's litigation unit, of which 29 were successful, 33 dismissed following a hearing and 87 settled. In addition, the CRE settled 103 cases at an early, pre-litigation stage for the substantial sum of £624,527.
29. The CRE has collaborated in a number of high-profile and award-winning campaigns to promote racial tolerance and cultural diversity. Examples include:
Further details are included in the CRE's Annual Report for 1998 (Appendix 7).
30. The CRE has also launched a widespread public education campaign to encourage the public to challenge racism and negative racial stereotypes.
Employment Tribunals
31. Employment Tribunals deal with complaints of discrimination in employment. In 1997-98, 2568 complaints of race discrimination were registered within the Tribunals in England, Scotland and Wales. (Applications are counted according to nature of the main complaint at the time the case is registered, e.g. an application for unfair dismissal because of race discrimination may be registered as unfair dismissal and race discrimination but not be counted in the figures above.) Of these complaints, 655 were settled through the Advisory Conciliation and Arbitration Service, 709 were withdrawn or privately settled and 88 were successful following a hearing. 398 applications were unsuccessful following a hearing and 99 were dismissed at a hearing because they were not within the jurisdiction of a Tribunal. 135 Cases were disposed of by other means. A further 484 applications were live. Examples of cases are given in the CRE's Annual Report for 1998.
Race Relations Forum
32. The Home Secretary has created a Race Relations Forum to advise him on issues affecting ethnic minority communities. Membership is drawn from a broad spectrum of ethnic minority communities and brings together a wealth of experience and expertise. The Forum is making a positive and practical contribution to policy development in a range of areas and gives minority communities a new and effective voice at the heart of Government.
Crime and Disorder Act 1998
33. The Crime and Disorder Act 1998 introduced new offences of racially aggravated violence, harassment and criminal damage. They came into force in September 1998 and correspond to existing offences that deal with violence against the person, criminal damage and offences of harassment. They include a test that there was either racial motivation or evidence of racial hostility in connection with the offence, and provide the courts with higher maximum penalties to reflect the racial aspect to the crime (see also paragraph 493).
34. The Act sends out a strong message that racial violence and harassment is unacceptable and will be dealt with very seriously by the police and the courts. It also ensures that a higher priority is given to the identification of the racial element of the crime in the gathering of evidence, thus preventing the racial aspect from being overlooked in sentencing.
35. The Stephen Lawrence Inquiry Report recommended that consideration should be given to allowing prosecution of offences involving racist language or behaviour (or possession of offensive weapons), where such conduct has taken place otherwise than in private. The Government is considering this recommendation, and the question whether existing police powers are being used effectively. It will also be considering improvements to the guidance given to the police and criminal justice system with a view to publishing revised guidance by the end of 1999.
Discrimination within the Criminal Justice System
36. Section 95 of the Criminal Justice Act 1991 requires the Government to publish such information as it considers expedient to help those involved in the criminal justice system to avoid discriminating against people on grounds of race, gender or any other improper grounds. The Home Office has published a series of documents in 1992, 1994, 1995 and 1997 on the issue of race and the criminal justice system under section 95. These documents contained information on the representation of ethnic minorities as suspects, offenders and victims in the criminal justice system and on employees within the criminal justice agencies.
37. The Fourth Periodic Report stated the Government's commitment to extend ethnic monitoring to all stages of the criminal justice system. Since that report the Government has:
Stephen Lawrence Inquiry
38. On 31 July 1997 the Home Secretary announced an inquiry into the murder of Stephen Lawrence in April 1993. The terms of reference were:
The report was published on 24 February 1999 and made 70 recommendations (Appendix 8). On 23 March, the Home Secretary published an action plan (Appendix 9) detailing how the Government intended to take forward the recommendations. The Home Secretary will personally oversee their implementation and will be chairing a steering group to assist him. The action plan is a framework for change, but it will need much work from many people to fill in the details and make change a reality.
39. Most of the recommendations are directed to the police service and deal with the definition, reporting, recording, investigation and prosecution of racist incidents and crimes; on family liaison and victims and witnesses; and on the training of police officers in racism awareness and first aid; but some go broader and suggest, for example, how the education system could help prevent racist incidents.
40. In Scotland, Ministers have made clear the intention to implement he recommendations of the inquiry insofar as they are relevant to Scotland and have undertaken to bring forward an action plan to fulfil this commitment as soon as practicable. Northern Ireland Ministers have given a similar undertaking.
Discrimination within the police force
41. Since December 1998 the Home Office has published all the statistical information collected through ethnic monitoring of the criminal justice system in an annual report Statistics on Race and the Criminal Justice System. The first of these (Appendix 10) and was made available to criminal justice practitioners and the general public. These reports confirmed previously published findings, and found that black people were, on average, five times more likely to be stopped and searched by the police, and were more likely to be arrested and less likely to be cautioned than were white people. These powers are being used against ethnic minority people more than their numbers in the population would warrant, and discrimination is likely to be a factor.
42. The Government believes that stop and search powers are important for the prevention and detection of crime, but it is committed to tackling the discriminatory use of the powers. The report on the Stephen Lawrence Inquiry made four recommendations about these powers and their use will be assessed through pilot projects. The report recommended that police officers should record all ‘stops' and ‘stops and searches' including non-statutory or ‘voluntary' stops, and that a record be given to the person stopped. The Home Office has commissioned research to gather information on current practices within forces in this area to test the practical implications of the inquiry's recommendations. The Metropolitan Police have set up pilot projects in five areas to help develop strategies to manage the use of stop and search fairly and effectively.
43. Police forces are being encouraged to identify areas in which they need to take action. The Association of Chief Police Officers has set up a project to develop effective use of these data, which will inform further guidance in this area. The revised Code of Practice - issued under the Police and Criminal Evidence Act 1984 and which came into effect on 1 March 1999 - emphasise the importance of supervising officers responding to any evidence that stop and search powers are being used in a discriminatory way (Appendix 11).
Community relations
44. The inter-departmental Racial Attacks Group has now been replaced by the Racists Incidents Standing Committee (RISC) (see paragraph 30 of the Fourth Periodic Report). RISC focuses on four key areas:
45. A guide on tackling racist incidents through multi-agency working In This Together has been produced at the request of RISC and has been widely circulated (Appendix 12).
46. Her Majesty's Inspectorate of Constabulary (HMIC) carried out a thematic inspection of Police Community and Race Relations. The report, Winning the Race, was published in 1997 (Appendix 13). The Government welcomed the report and fully supported its conclusions and recommendations. The report found that although much work had been done by police forces in this area, performance was patchy and further steps needed to be taken to ensure that racism and discrimination were eliminated. A report on a follow-up inspection of fifteen forces (Appendix 14) was published in March 1999. It highlights many instances of good practice, but also noted that a number of forces had failed to take account of the recommendations of Winning the Race. Even where progress had been made, the work had generally not been given the corporate direction necessary to ensure force-wide application of good local initiatives. The report recommended a service-wide strategy for community and race relations to define key components and common minimum delivery standards; and that forces should develop performance indicators based on community satisfaction rates to identify gaps in the quality of their service delivery. The report asked forces to re-examine the recommendations as a matter of urgency.
47. The Government welcomes the close working relationship that has been established between the Home Office and the National Black Police Association. The Association has been involved in the follow-up work to Winning the Race and will be involved in routine inspections by HMIC. It is also represented on a working group on the recruitment, retention and development of minority ethnic officers.
48. The number of racist incidents recorded by the police increased from 5,044 in 1989 to 13,878 in 1997-98. Incidents have been recorded as ‘racist' if they fit the following definition drawn up by the Association of Chief Police Officers (ACPO):
The Stephen Lawrence report recommended a new definition of a racist incident which the Home Office will ensure is universally adopted by the police, local government and other relevant agencies. That definition is:
49. The 1996 British Crime Survey showed that a significant number of racial incidents are not reported to the police, or, if they are, are not recorded by the police, or are otherwise not picked up by the police. The Government welcomes this and hopes it will influence both public confidence and further increase the proportion of racist crimes which are reported. The police and the Crown Prosecution Service are increasingly working together to improve the standards of reporting and recording of racist incidents
Discrimination within the Prison Service
50. The Prison Service in England and Wales is committed to equality of opportunity and the elimination of discrimination on improper grounds. To ensure these values are adhered to the Prison Service has well developed race relations policies. The Prison Service race relations policy statement precludes discrimination and inequality of opportunity or provision on the grounds of colour, race, nationality, national or ethnic origins or religion It is displayed prominently in all establishments and headquarters.
51. Prison Service policies and procedures are continually examined and updated. A new Prison Service Order on Race Relations was issued in 1997 (Appendix 15). It was designed to improve race relations practices and introduced a number of new measures to stimulate innovation at a local level and encourage establishments to share good practice. New arrangements included measurable standards, which have provided a viable means of measuring performance and achievement.
52. The Prison Service seeks to ensure that all staff and prisoners know, understand and accept their professional and personal responsibilities to eliminate discrimination on improper grounds and to promote racial equality. All new-entrant prison officers receive race relations training and courses are provided for Race Relations Officers and Management Teams, alongside training for all establishment staff.
53. In May 1998 the Prison Service committed itself to a programme of work to reduce gaps between policy and practice. This programme includes action to boost recruitment of prison staff from ethnic minority groups, targets for representation of ethnic minority groups at all levels within the Prison Service, and action to ensure that there is no discrimination in appraisal and selection procedures. For prisoners this programme includes making more available products appropriate for prisoners from ethnic minority groups like special shampoos, skin conditioners etc., strengthening the leadership of Race Relations Management Teams, improved links with the community and literature translated into minority languages.
54. Race relations issues are addressed during the initial training of prison officers in Scotland. A training pack, which includes a video, Race for the Future, is available in each establishment.
Racial discrimination in employment
55. The Labour Force Survey (Appendix 16) showed that in 1997 there were 2.4 million ethnic minority adults in the population, 2.2 million of whom were of working age (6.4 per cent of the total working population).
56. The following is a breakdown of the ethnic minority working age population
by main ethnic groups:
| Black Caribbean | 340,000 |
| Black African | 230,000 |
| Indian | 610,000 |
| Pakistani | 350,000 |
| Bangladeshi | 110,000 |
| Chinese | 120,000 |
57. The unemployment rate for Black African men was 25 per cent, compared with 7 % for White men. Black African and Pakistani or Bangladeshi women had unemployment rates of 24 % and 23 % respectively), much higher than the 5.5.% of White women.
58. Between ethnic groups, economic activity rates for women vary widely. Working age Black Caribbean and White women had activity rates of around three-quarters, compared with less than one-third for Pakistani or Bangladeshi women.
59. Race for the Future is a Government initiative promoting the message to employers that racial diversity in the workplace is essential for good business practice, and that in today's Britain, ethnic minority people play an increasingly important role in helping businesses compete and prosper. There have been regional conferences in Birmingham and Manchester, aimed at local business leaders making the case for equality of opportunity and the value of diversity in the workplace. Other events are targeting specific business sectors.
60. The Department for Education and Employment has established a Race Employment and Education Forum (REEF). The Forum's remit is to:
Membership has been widely drawn from industry, education, trade unions, voluntary bodies and the CRE.
Social Exclusion
61. Tackling social exclusion is a priority for the Government. Education and training are at the heart of this. The Government is developing and delivering policies to help all those currently excluded or disaffected to realise their potential and take their rightful place in society. There is a Social Exclusion Unit based in the Cabinet Office, which reports direct to the Prime Minister. Its report, Bringing Britain Together: A National Strategy for Neighbourhood Renewal, proposes action to improve deprived neighbourhoods. It emphasised that, while much had been achieved in the past, present problems were partly due to the fact that too much account had been taken of the physical environment at the expense of personal and social needs.
62. In the recently announced ‘New Deal for Communities', potential Pathfinder partnerships will be required to demonstrate that they have taken into account the views of the local communities, including minority ethnic communities, and will continue to involve them throughout the life of the projects. They will also need to demonstrate that they have the capacity to ‘work with and involve ethnic minority and minority groups'.
63. The Government is very concerned about the over-representation of ethnic minority pupils, particularly boys of black Caribbean origin, among those excluded from school. It is:
64. The draft guidance, to which head teachers, governors and LEA officers must have regard from September 1999, also encourages those who hear exclusions appeals to allow those pupils, whose parents request it, to attend the hearing and address the panel.
Race relations in the armed forces
65. The Armed Forces have, in the past, attracted criticism about their treatment of ethnic minorities. In 1998 they entered into a five-year Partnership Agreement with the Commission for Racial Equality to promote racial equality and the elimination of all forms of racial discrimination and harassment within the Armed Forces. This agreement reflected the considerable improvements made in Service policies and practices since 1996, following publication of the Commission's report of a formal investigation into racial discrimination in the Household Cavalry.
66. The Armed Forces Act 1996 amended the provision of the Service Acts, which govern the procedure for internal redress of complaint. Since October 1997 Service personnel have had the right to submit complaints to employment tribunals under the Sex Discrimination Act 1975 and the Race Relations Act 1976.
Race relations in Scotland
67. Scotland, like the rest of the United Kingdom, benefits from being a multicultural society. The Scottish Parliament (see paragraph 15) represents all Scottish communities, including those which are black and ethnic minority. Race relations legislation is reserved to the Westminster parliament but the Scottish parliament, which formally assumed its powers on 1 July 1999, will have a strong interest in non-discrimination in the delivery of devolved services. The Parliament and Scottish Executive are well placed to promote and encourage equal opportunities and Scottish Ministers have made clear that the promotion of equality and tackling discrimination are priorities.
Race relations in Wales
68. The equal opportunity provisions in the Government of Wales Act 1998 oblige the National Assembly for Wales to ensure equal opportunity in the conduct of its business and in the exercise of its functions, including the need to report on the arrangements to meet the Assembly's obligations and an assessment of the effectiveness of those arrangements in promoting equality of opportunity;
69. In 1998, the Welsh Office, the Welsh Local Government Association, the Commission for Racial Equality and local race equality bodies formed a partnership to organise events and activities marking the European Year against Racism.
Race Relations in Northern Ireland
70. The Race Relations (Northern Ireland) Order 1997 introduces legislation on race relations in Northern Ireland along the lines of the Race Relations Act 1976 (which applies only to Great Britain). It came into operation on 4 August 1997 (Appendix 17).
71. The Order makes racial discrimination unlawful in employment, training and related matters, in education, in the provision of goods, facilities and services, and in the disposal and management of premises. Individuals have a right of direct access to the courts and industrial tribunals for legal remedies for unlawful discrimination.
72. The Order also established a Commission for Racial Equality for Northern Ireland to help enforce the legislation and to promote equality of opportunity and good relations between people of different racial groups. The Commission is a principal source of information and advice to the public about the legislation and has discretion to assist individuals who consider they have been discriminated against.
73. It is estimated that between 9,000 and 12,000 people in Northern Ireland (less than 1% of the population) belong to an ethnic minority group.
Religious discrimination
Northern Ireland
74. The Northern Ireland Fair Employment Acts of 1976 and 1989 proscribe discrimination on grounds of religious belief of political opinion. Since January 1990 considerable progress has been made in tackling religious discrimination in Northern Ireland, through implementation of the 1989 Act and changing of attitudes to promotion of equality of opportunity in employment. All public sector organisations, and private sector employers with more than 10 employees, are required to submit annual workforce returns to the Fair Employment Commission. More than 100 public sector employers and almost 4,000 private sector concerns, are registered with the Commission.
75. The Commission retains powers granted under the 1976 Fair Employment Act, to investigate any employer at any time and, on the basis of monitoring returns, it has been able to examine more closely those firms which appear to have serious imbalances in the workforce. The Commission's aim in these cases is to obtain agreements to voluntary undertakings to take affirmative action to rectify imbalances.
76. The principal function of the Fair Employment Tribunal is to adjudicate complaints of alleged discrimination. It now can award unlimited compensation to victims of unlawful discrimination. It can enforce undertakings described above. Its decisions have helped increase awareness of the importance of equality of opportunity in employment. The table below sets out details of the complaints of alleged discrimination received by the Tribunal as at 31 December 1998.
Fair Employment Tribunal
Registration, Promulgations* and Live Cases (31 December 1998)
| 1993 | 1994 | 1995 | 1996 | 1997 | 1998 | Total | |
| Allowed after full hearing | 8 | 4 | 4 | 5 | 0 | 0 | 21 |
| Dismissed after preliminary hearing | 10 | 15 | 18 | 24 | 10 | 0 | 77 |
| Dismissed after full hearing | 17 | 27 | 32 | 22 | 0 | 0 | 98 |
| Dismissed/struck out for want of prosecution | 4 | 6 | 6 | 18 | 9 | 0 | 43 |
| Withdrawn | 188 | 244 | 237 | 272 | 231 | 80 | 1252 |
| Conciliated by Labour Relations Agency | 12 | 20 | 23 | 46 | 19 | 6 | 126 |
| Settled between the parties | 78 | 73 | 62 | 42 | 5 | 2 | 262 |
| Settled between the parties - terms attached | 4 | 0 | 0 | 0 | 0 | 0 | 4 |
| Stayed | 0 | 0 | 2 | 1 | 0 | 0 | 3 |
| Live cases | 4 | 4 | 26 | 136 | 392 | 471 | 1033 |
| Total Registration | 325 | 393 | 410 | 566 | 666 | 559 | 2919 |
* Tribunal's written decision to the parties
77. The Commission publishes annual analyses which show that between 1990 and 1998, the proportion of Roman Catholics in monitored employment increased from 34.9% to 39.1%. (Roman Catholics make up approximately 40% of the economically active population.)
78. The Government made a commitment to review the Fair Employment (Northern Ireland) Act 1989 and all other matters relating to fair employment after five years. This review was undertaken by the Standing Advisory Commission on Human Rights (SACHR), an independent body which advises the Secretary of State for Northern Ireland on fair employment legislation and other human rights issues. It was a wide-ranging exercise involving extensive research and consultation with all interested parties and individuals. SACHR's report Employment Equality Building for the Future (Appendix 18) was published on 26 June 1997. It found that the 1989 legislation had had a positive impact on equality in employment, but it made over 160 recommendations to Government for its policies on unemployment and fair employment, and proposed changes to policies and procedures in education, training and Government initiatives on targeting social need and policy appraisal and fair treatment.
79. In the light of SACHR's report, the Government published a White Paper, Partnership for Equality (Appendix 19), which set out plans for enhancing equality in Northern Ireland. On 10 July 1998, following a consultation period, the Government announced that it would proceed with a statutory equality obligation on public bodies (including, where appropriate, UK Departments operating in Northern Ireland, and District Councils). This would ensure that all functions of public bodies are carried out with due regard to the need to promote equality of opportunity between groups covered by the former PAFT (Policy Appraisal and Fair Treatment) guidelines. In addition public authorities are required to have regard to the desirability of promoting good relations between persons of different religious beliefs, political opinions or racial groups. An Equality Commission, incorporating the responsibilities of the Fair Employment Commission, Equal Opportunities Commission for Northern Ireland, Commission for Racial Equality for Northern Ireland and Northern Ireland Disability Council, will oversee this statutory duty. Provisions are contained in the Northern Ireland Act 1998.
80. Parliament approved the Fair Employment and Treatment (Northern Ireland) Order (Appendix 20) in December 1998. The Order:
Great Britain
81. Individuals are protected under the Race Relations Act 1976 if it can be shown that they have suffered on racial grounds. It is for the courts to decide whether a group constitutes a racial group for the purposes of the Act and the Public Order Act 1986. While the courts have not developed much case law under the Public Order Act, a number of cases have arisen in the civil law under the Race Relations Act. This development shows that the Courts treat Jews and Sikhs, but not, for example, Muslims, Christians or Buddhists, as a racial group. The case law may continue to develop.
82. There is, therefore, no specific legislation covering religious discrimination in Great Britain, although there is in Northern Ireland (see paragraphs 74-80 above). There is some pressure for action in this area, particularly from Muslim groups. The Government has decided to commission research into the nature and extent of religious discrimination. The project should take about 18 months and will help to inform its thinking in this area.
83. The Government published a White Paper in February 1999 on proposals for the next Census in 2001. Those proposals include a question on religion as well as expanding the ethnic origin question. It is proposed to include, for the first time, an ethnic group question in the Northern Ireland 2001 Census.
Disability discrimination
84. Since the Fourth Periodic Report The UK introduced the Disability Discrimination Act (DDA) in 1995 (Appendix 21). The DDA affords protection to disabled people in many areas including employment, access to goods, facilities and services and the management, buying or renting of land or property. In addition the DDA requires schools, colleges and universities to provide information for disabled people; allows the Government to set minimum standards to assist disabled people to use public transport; and sets up a disability council for Great Britain and one for Northern Ireland to advise the Government on eliminating discrimination against disabled people.
85. The DDA defines a disabled person as someone with a physical or mental impairment which has a substantial and long term adverse affect on their ability to carry out normal day-to-day activities. People who have had a disability in the past are also covered.
86. Since December 1996, it has been unlawful for an employer with 20 or more employees (15 or more employees from 1 December 1998) to discriminate against current or prospective employees with disabilities. The DDA also places a duty on employers to make reasonable adjustments to remove or reduce any substantial disadvantage caused to a disabled employee by a physical feature of their premises or their employment arrangements.
87. Service providers have a duty not to discriminate against disabled people. They should not refuse a service; provide a worse standard of service, or offer a service on worse terms. Similar duties apply to those selling or letting premises. From October 1999, service providers will have to take reasonable steps to change any practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to use a service ; provide an auxiliary aid or service which would enable disabled people to use a service; and help disabled people overcome physical barriers which make it impossible or unreasonably difficult for them by providing the service by a reasonable alternative method. From 2004, service providers will also have to consider tackling physical barriers by removing them, altering them, or providing a reasonable means of avoiding them.
88. The Disability Discrimination Act 1995 is not comprehensive or enforceable. The Government therefore established a Disability Rights Task Force (DRTF) in December 1997 to consider how best to secure comprehensive, enforceable civil rights for the 8.5 million disabled people in Britain, and to make recommendations on the role and functions of a Disability Rights Commission (DRC) to help them enforce their rights.
89. The DRTF presented unanimous recommendations on a Disability Rights Commission, which formed the basis of the White Paper Promoting disabled people's rights: Creating a Disability Rights Commission fit for the 21st Century, which was published on 21 July 1998 (Appendix 22).
90. The Disability Rights Commission Bill is currently before the UK Parliament. The DRC will work with employers and service providers to eliminate discrimination; promote the equality of opportunities for disabled people; and keep under review the working of the Disability Discrimination Act 1995 and the Disability Rights Commission Bill when it becomes an Act. In Northern Ireland it is proposed that the Equality Commission, to be established under the Northern Ireland Act 1998, will have a similar role in relation to disability rights as the Disability Rights Commission.
Children with Special Educational Needs
91. The Government is committed to the introduction of an increasingly inclusive education system and has already made considerable funding available for this purpose. Under the Schools Access Initiative, £20 million is to be made available in 1999-2000 to enable mainstream schools to increase their capacity to take pupils with SEN. A further £8 million is available through the Standards Funding Programme for projects to promote inclusion and develop links between mainstream and special schools and to support provision for children with emotional and behavioural difficulties
92. Government policy is to ensure that whenever possible children have the opportunity to be educated in mainstream schools, where that is their wish and the wish of their parents. At the same time there are some children with special educational needs for whom specialist provision may be appropriate, for some of their school life. There are children and parents who would choose a special rather than a mainstream placement.
93. The Government is therefore adopting a practical approach which puts the needs of the child first. The aim is to provide a responsive and inclusive educational system which offers high quality support, providing opportunities for all children with special educational needs to achieve their full potential.
Minister for Women and new Women's Unit
94. There is now new machinery to address women's issues through a Minister for Women in the Cabinet, supported by the Women's Unit in the Cabinet Office. The Women's Unit works across Government, contributing the women's perspective to the wider government agenda. Its aim is to listen to women's concerns, to reflect their concerns and promote their interests within government, and in turn to communicate effectively what the government is doing to meet those concerns. It thus ensures that women's interests and rights are considered in the preparation and implementation of policy. Ministers with special responsibilities for women's issues and equal opportunities have also been appointed for Scotland, Wales and Northern Ireland.
CEDAW
95. The UK's Third Periodic Report on the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) was submitted in July 1995. The UK's Fourth Periodic Report was submitted in January 1999. The UK Government was examined on both reports in June 1999.
Equal Opportunities Commission : Great Britain (EOC)
96. The Equal Opportunities Commission for Great Britain (EOC) has a statutory duty to carry out a periodic review of the sex discrimination legislation and to advise the Government of any changes it considers necessary. The Government recently announced its response to several recommendations of the EOC. It made clear that it was not persuaded that the legislation needed a major overhaul, but that it would:
97. The EOC's Code of Practice on Equal Pay came into effect in March 1997 (Appendix 23). The Code provides practical guidance and recommends good practice to those with responsibility for or interest in the pay arrangements within a particular organisation. It is based on the considerations that a right to equality of pay is conferred under domestic and European legislation. It offers employers and employees a step by step guide on how to detect and remedy pay discrepancies between the sexes.
98. The work of the EOC is described in paragraphs 59 to 62 of the Fourth Periodic Report. The EOC provides advice informally, and has powers under section 75 of the Sex Discrimination Act 1975 to grant assistance, including full legal support, to individuals in cases of alleged discrimination under the 1975 Act or the Equal Pay Act 1970. In 1997, 228 requests for legal advice or assistance were received by the Commission, of which 57 were granted for legal assistance and 17 for legal advice.
Equal Opportunities Commission : Northern Ireland (EOCNI)
99. In 1997-98 the Equal Opportunities Commission for Northern Ireland (EOCNI) received 1,891 legal enquiries and complaints. 214 requests were made for assistance under Article 75, of which 100 were granted. During the year 14 cases were concluded in the industrial tribunal. 12 were decided for the applicant and two for the respondent; 67 further cases were settled
100. In 1997, the EOCNI recommended to the Government changes to the Sex Discrimination Order. The main recommendations were:
101. The EOCNI published a Code of Practice on recruitment and selection in 1995 (Appendix 24) and one on equal pay in 1999 (Appendix 25). In 1997, the EOCNI launched a website . Among a wide range of advice publications and research reports, it published model policy statements on harassment and on equal opportunities, jointly with the Fair Employment Commission and the Commission on Racial Equality for Northern Ireland and in co-operation with Disability Action, a Northern Ireland non-governmental organisation.
102. Under section 73 of the Northern Ireland Act 1998, a new Equality Commission for Northern Ireland is to be established. The Commission will take over the functions of the EOCNI and will be responsible for policing equality of opportunity in all public authorities in Northern Ireland. A date for the establishment of the Commission has not yet been set.
Pregnant workers
103. Under the Employment Rights Act 1996, all pregnant workers have the right not to be unreasonably refused paid time off work for antenatal care. The dismissal of a woman because she is pregnant or for reasons connected with her pregnancy is automatically unfair. The same provisions apply in Northern Ireland under the Employment Rights (Northern Ireland) Order 1996. Paragraph 65 of the Fourth Periodic Report set out women's maternity rights.
104. The Employment Relations Bill, introduced in Parliament on 27 January 1999, contains provisions for new family-friendly rights. These include:
105. The rights to parental leave and emergency time off are due to be introduced by 15 December 1999. The Part Time Work Directive is due to be implemented by 7 April 2000. Implementation of equivalent legislation in Northern Ireland will be a matter for the Northern Ireland Assembly.
Women in the Armed Forces
106. The Armed Forces are committed to expanding career opportunities for women, except in units whose primary duty is ‘to close with and kill the enemy'. That policy is being challenged in the European Court of Justice.
107. Women represent 7.7% of the Armed Forces. On 1 December 1998 there were 16,227 women in the Armed Forces: 3,350 in the Naval Services, 7,755 in the Army and 5,122 in the Air Force. Currently 73% of posts in the Naval Service, 70% of posts in the Army and 96% of posts in the RAF are open to women. Women are excluded from posts in the Infantry, Armoured Corps/Household Cavalry, Royal Marines Commandos and RAF Regiment (and see paragraph 630).
108. From 1 April 1998 the percentage of posts in the Army open to women increased from 47% to 70%. A review of the remaining posts currently closed to women on combat effectiveness grounds led to 1,300 posts in the Royal Marines being opened to women. Women cannot currently serve in submarines or as mine clearance divers for medical and/or practical reasons. These restrictions were reviewed in early 1999, but it was decided for the same reasons that they should remain.
109. All Servicewomen who become pregnant can choose whether to leave the Armed Forces or take a period of maternity leave and return to duty after the birth of a child. This followed a court case about the EC Equal Treatment Directive. As result of this, Servicewomen who were discharged on the grounds of pregnancy between August 1978 and August 1990 became eligible for compensation. More than 5,000 claims were received and the Government has paid over £58 million in compensation.
Homosexuals in the armed forces
110. The Government has already made clear that the issue of homosexuality in the Armed Forces will be reviewed during this Parliament and there will be a free vote in Parliament. There would be no need for any legislative change if the policy alters.
Transsexual people in the Armed Forces
111. Transsexual people are covered by sex equality legislation. Those who apply to join any of the Armed Forces must meet the same educational and physical fitness criteria as other applicants.
Domestic violence against women
112. Domestic violence is the largest single type of violence against women. Both men and women suffer domestic violence. But Government research has shown that women are more likely to experience it, to be repeat victims, to be injured, and to be frightened by threats.
113. In June 1999, the Government launched Living with Fear: an integrated approach to tackling violence against women in England and Wales. This is the first document produced by an UK government to address all forms of violence against women, including domestic violence, rape, sexual assault, violence at work and sexual harassment. The primary goal is that within five years there will be effective multi-agency partnerships across the country, drawing on the experience and good practice in this report. Living with Fear pulls together practical examples of good work from all over the country as a blueprint for the future and sets out a strategic framework for preventing the problem. The Government's approach is to prevent violence, bring perpetrators to justice and provide timely support and protection for women who have experienced violence.
114. In January 1999, the Government launched in England and Wales a new domestic violence publicity and awareness campaign under the title Break the Chain (Appendix 26). A separate campaign has been launched in Scotland. The campaign began with the issue of a new leaflet and posters to such places as libraries, local authority offices, hospitals and police stations.This stressed that domestic violence is not acceptable and need not be accepted, set out the help available, and advised others on what they could do to help. A new inter-departmental guidance booklet will be issued to the agencies responsible for dealing with domestic violence.
115. In its consideration of the Fourth Periodic Report, the Committee raised the issue of provocation as a defence to charges of assault. It is important that the law deals fairly and appropriately with those who kill, even if they have been provoked, and that justice is both done and seen to be done. The law does recognise that the circumstances in which killing takes place may excuse or mitigate the offence. Self-defence is a complete defence to a charge of murder, which if successful, results in the acquittal of the defendant. Provocation is a partial defence which reduces the offence from murder to manslaughter. Judgements in the cases of Ahluwalia and Humphries make it clear that a delayed response to provocation does not necessarily prevent the defence succeeding; and that the cumulative effect of prolonged abuse can be taken into account along with the impact of the final provoking incident. The other partial defence to murder, that of diminished responsibility, is also successfully pleaded in some domestic homicide cases. In such cases, the onus is on the prosecution to prove beyond all reasonable doubt the absence of, for example, provocation or self-defence on the part of the defendant.
116. The Government is attempting to improve statistics on domestic violence to enable a better understanding of its nature and extent, the amount of resources and the impact of measures devoted to addressing it. Guidance on new legislation and research results is being prepared for the police to help them tackle domestic violence. Domestic violence research already published by Government includes the results of an self-assessment survey on experiences and reports on projects investigating police organisational structures, a repeat victimisation approach by the police in their response to reported incidents, and the provision of a civilian crisis intervention service to follow up police responses. The Government is conducting a survey of service provision for those fleeing domestic violence and reviewing funding arrangements for all forms of supported accommodation.
117. The Government's Crime Reduction Programme, a major initiative to reduce crime by focusing on what is works and what is cost-effective includes a £6 million component specifically for violence against women. In the first stage, researchers have been invited to review what is known about aspects of domestic violence and the effectiveness of different interventions. The findings will be used to assist the selection of projects for evaluation and the mainstreaming of good practice, to start in early 2000.
118. The Committee was concerned, in its examination of the Fourth report, to ensure that laws that protect women from violence were fully enforced. The UK Government fully shares this objective, and a significant amount of legislation has been enacted since the Fourth Periodic Report:
Scotland
119. Preventing Violence Against Women: A Scottish Office Action Plan (Apendix 29) was published in November 1998 as a consultation document. It set out a plan of action which will be refined into a strategic document when responses are received. The consultation period ended on 28 February 1999.
120. A Scottish Partnership on Domestic Violence was established in November 1998. This group involves policy advisers in the Scottish Office and experts in the provision of services to victims, including the police, judiciary, Prison Service, Health Service, local authorities and victims' organisations. It is expected to recommend minimum and consistent levels of service through Scotland for women suffering domestic violence, with special regard for the needs of women in rural areas, from ethnic minorities and with disabilities. The impact on children and young people will also be considered. The Partnership reported to Ministers on 29 March 1999 and its proposed workplan was issued as a consultation document on 9 April 1999 (Appendix 29). Comments have been requested by 30 June and will be considered by the new Scottish Administration. The continuation of the Partnership will be a matter for the Scottish Administration.
Other initiatives
121. Other initiatives to reduce violence against women include
122. On 16 June 1999, the Government introduced a concession which is outside the Immigration Rules, for overseas spouses who wish to remain in the United Kingdom but to leave their partner because of domestic violence. The spouse must produce objective evidence of domestic violence. An applicant whose marriage breaks down during the probationary year as a result of domestic violence may exceptionally be granted indefinite leave to remain, outside Immigration Rules, provided the violence occurred while the marriage was subsisting and the applicant is able to produce one of the following forms of evidence:
123. The Government has decided that an applicant widowed during the probationary period may exceptionally be granted indefinite leave to remain outside the Immigration Rules, provided the Secretary of State is satisfied that the marriage was subsisting at the time the applicant was widowed. These arrangements will also be applied to those who have been admitted to join a person settled here under the unmarried partners' concession.
Derogation under Article 9(3)
124. The United Kingdom's derogation from article 9(3) of the Covenant with respect to Irish terrorism is necessary because the current arrangements are that the Secretary of State, rather than a judicial authority, is responsible for considering and, if appropriate, granting applications for extending the detention of terrorist suspects in police custody beyond 48 hours (up to a total of 7 days).
125. It has long been the Government's view that there should be a judicial element in the process. The consultation paper, Legislation Against Terrorism (Appendix 31), issued in December 1998, proposed a judicial Commission to consider extensions of detention. Responses to that consultation paper are being analysed and the Government expects to bring forward legislation at a suitable opportunity. The mechanics and practicalities of such a Commission have yet to be worked up, but the Government has confirmed its intention to introduce measures to enable a withdrawal of its derogation under the Covenant (and the corresponding derogation under the European Convention on Human Rights).
126. Because there is still a security problem related to Irish terrorism, despite the Belfast Agreement, the Government believes it essential that the police have adequate powers to detain and to question those whom they have reason to believe may be involved in terrorism. It takes the view that the derogation must remain in place in the meantime, and does not believe it is appropriate for extensions of detention of terrorist suspects to be dealt with in the same way as other criminal suspects - that is, in a magistrate's court. The Secretary of State is able to take all relevant information into account when making a decision regarding extension, and is aware of the need to exercise his judgement with care and attention.
127. The UK Government has no comments on article 5 to add to those in earlier Periodic Reports.
Death penalty
128. The death penalty has been abolished in the United Kingdom for the remaining civilian offences of treason and piracy (by the Crime and Disorder Act 1998), and for offences under armed forces legislation (by the Human Rights Act 1998).
129. The UK accordingly signed the Sixth Protocol to the European Convention on Human Rights in January 1999. The Protocol was ratified in May 1999. The UK signed the Second Optional Protocol to the ICCPR on 31 March 1999, and will ratify it soon, without any declaration to preserve the use of the death penalty in wartime.
Abortion
130. In Great Britain, pregnancies may be terminated only under the provisions of the Abortion Act 1967, as amended by the Human Fertilisation and Embryology Act 1990, that is, if two registered medical practitioners are of the opinion, formed in good faith, that an abortion is justified within the terms of the Act. The grounds for abortion effective from 1 April 1991 are:
131. The Abortion Act 1967 does not apply to Northern Ireland where it is not legal to terminate a pregnancy, other than to save the life of the mother or to prevent serious damage to her physical or mental health.
Police use of firearms in Great Britain
132. The use of firearms by the police in Great Britain and the guidance and other safeguards that are in place were described in paragraphs 64 to 68 of the Third Periodic Report and paragraphs 90 to 94 of the Fourth Periodic Report.
England and Wales
133. The number of police officers in England and Wales trained and qualified to carry firearms has fallen from 6,769 at the time of the Fourth Periodic Report to 6,137 on 31 March 1998. Capacity is concentrated in a small number of highly trained officers and the continued use of armed response vehicles to deal with firearm incidents. The number of police firearms operations has fallen by more than 4% from 12,379 in 1996/97 to 11,842 in 1997/98. Firearms were discharged by police officers in only three incidents in the year to March 1998, resulting in two deaths.
Scotland
134. The number of police officers in Scotland trained in the use of firearms and, therefore, authorised to use them is a matter for decision by Chief Constables and varies from force to force. On 31 March 1998 there were 689 police officers in Scotland trained and qualified to carry firearms compared with 723 at the end of March 1997. The number of police operations in Scotland where firearms were issued has risen from 270 in 1996-97 to 292 in 1997-98, an increase of over 8%. However, firearms were discharged police officers in only one incident in Scotland in 1997/1998 compared with nine occasions in 1996/97.
Police and military use of firearms in Northern Ireland
135. The police and armed forces in Northern Ireland continue to face the threat of terrorist attack: 302 police and 655 military personnel have been killed as a result of it in recent years. Members of the the security forces regularly carry firearms. The last three deaths caused by the security forces in terrorist-related incidents were in November 1992.
136. Since 1983, 15 soldiers and police officers have been charged with murder, two with manslaughter and three with attempted murder in incidents involving the use of lethal force in the course of their duties. These charges have resulted in four murder, one attempted murder and one manslaughter conviction. There have been three acquittals for murder and one for manslaughter.
137. The use of plastic baton rounds has declined sharply in recent years: in 1998, 1237 rounds were fired, mostly during widespread rioting involving danger to life.
Private possession of firearms
138. No one in the United Kingdom may own a firearm or shotgun unless his local chief officer of police is satisfied that he will not present a threat to public safety or to the peace. The owner of a firearm and, in Northern Ireland, a firearm or a shotgun, must satisfy the chief officer that he has a good reason for possessing the weapon for legitimate occupational or leisure purposes. (Shotguns are mainly used for sport but can be used for criminal purposes.) If the chief officer is so satisfied, he will issue a firearm or shotgun certificate under the Firearms Act 1968 (Great Britain) or the Firearms Order 1981 (Northern Ireland). The certificate binds the holder to take precautions to prevent access to the gun by unauthorised persons.
139. The most dangerous types of firearm, for example automatic weapons, are prohibited in the UK except on the authority of the Secretary of State, normally granted only to those, for example defence contractors, with a legitimate business need to possess them.
140. The tragic incident at Dunblane Primary School on 13 March 1996, when a teacher and sixteen children were murdered with a handgun, demonstrated the risks involved with the possession of firearms. Following a public inquiry, Parliament decided to prohibit most handguns in the United Kingdom, to strengthen controls on firearms generally, and to allow for compensation for former owners of prohibited handguns. The Government intends to keep this matter under close scrutiny to see what further steps, if any, might be needed to protect public safety.
Deaths in Police Custody
England and Wales
141. Every death in police custody must be reported to the Coroner without delay, to the Home Office within 48 hours, and to the Police Complaints Authority (PCA). The PCA supervises investigations into deaths where there has been a formal complaint or evidence of suspicious circumstances. Once the PCA is satisfied that there has been a full and proper investigation, a report is submitted to the Crown Prosecution Service to determine whether or not any officer should face criminal charges. In either case, the circumstances of a death will be aired publicly, either at trial or at an inquest. The PCA and the chief officer must decide whether or not to bring internal disciplinary charges. The PCA has the right to require this action to be taken.
142. The Home Office Police Research Group, which is independent of the police, made a study into the causes of death in police custody. Its report, published in July 1998, found:
143. The main causes of death were:
144. Deaths where officers' actions may have been associated were very rare (16 in 11.8 million arrests) and in most cases other factors were also involved (e.g. detainee's physical or medical condition and actions)
145. The number of black people who died was higher than might have been expected from their numbers in the general population; this was partly due to over-representation of black people in arrests. A higher proportion of black than white detainees died in circumstances where officers' actions may have been associated, but the numbers were far too small to draw any definite conclusions.
146. The main recommendations were:
147. The report also raises these issues for future consideration:
148. The previous Administration recognised the growing public concern about the numbers of people from ethnic minorities who die in police custody and agreed with ACPO that, from 1 April 1996, the police would record the ethnic origin of those who die in police custody. Statistics of deaths in each force, including the circumstances of the death, the cause of death, ethnic group and the inquest verdict, are published annually. In 1997-98, there were 69 deaths of which 61 were White, 3 were Black, 4 were Asian and 1 was ‘other'. This compares with 57 deaths in 1996-7.
149. At a conference on deaths in police custody, in October 1998, held by the Police Complaints Authority, a Home Office Minister made a call for greater disclosure of information to the families of the dead person before to the inquest. Draft guidelines have since been drawn up In February 1999 the PCA published the recommendations arising from the conference.
Scotland
150. Scottish Police Forces attach great importance to the care and welfare of people in police custody. Despite the care and attention provided, there are occasions when detained people die in custody. On each occasion, a ‘fatal accident inquiry' must be held. In 1998, there were eight such deaths in Scotland, four of which occurred in police stations, and four in other circumstances, like on the way to hospital or shortly after release.
Deaths in Prison
151. Coroners and the police are notified of every death in Prison Service custody. If the police consider there are suspicious circumstances, they will investigate. An independent coroner's inquiry before a jury is held in each case. A trained senior investigating officer from outside the esatblishment carries out an investigation for all unnatural deaths.
Review of death in custody cases
152. The CPS has introduced special procedures for cases of death in police and prison custody. Cases are co-ordinated centrally at CPS headquarters in London. A small team of senior CPS lawyers has been appointed to review the cases and send a copy of the case papers with the review note to Treasury Counsel for independent review. All cases are referred to the Director of Public Prosecutions. The CPS notifies the police of the decision, who in turn notify the family of the deceased. All death in custody cases are reviewed again after inquest verdicts.
Butler Inquiry
153. The Director of Public Prosecutions appointed His Honour Gerald Butler QC to head the Crown Prosecution Service (CPS) inquiry into the process and quality of decisions by the CPS in cases involving deaths in police or prison custody. In particular, the inquiry was asked to look into the handling of three cases (Lapite, O'Brien and Treadway ). The report has not yet been published because of the current prosecution of the police officers involved in the death of Mr O'Brien.
Article 7 - Prohibition of Torture and Cruel, Inhuman or Degrading Treatment
UN Convention Against Torture
154. The UK submitted its Third Report to the UN Committee Against Torture in March 1998 and was examined on the Report in November 1998.
European Convention for the Prevention of Torture
155. The European Committee for the Prevention of Torture most recently visited the United Kingdom and the Isle of Man in September 1997. The Committee's report and the UK's response have not yet been published.
Review of The Offences Against the Person Act 1861
156. The Government is considering responses to its consultation document Violence: Reforming the Offences Against the Person Act 1861 (Appendix 32) which outlined its proposals for reforming the law on violent but non-fatal attacks on the person.
157. The Government's proposals were largely based on those in the Law Commission's Report No.218, Offences Against the Person and General Principles, but on some issues the Government has recommended further review of the law. Its aim is to clarify and rationalise the law, which has been called ‘archaic and unclear'
158. A set of straightforward offences would replace the existing offences of grievous and actual bodily harm and assault. They would be:
159. It is not yet clear when a Bill on Offences against the Person might be presented to Parliament.
Corporal punishment
England and Wales
160. Corporal punishment of school-pupils and of children in nursery education will become unlawful in England and Wales from 1 September 1999, under section 131 of the School Standards and Framework Act 1998.
Scotland
161. Corporal punishment of pupils at state schools, or of pupils at independent
schools whose fees or costs are financed or supported by public funds, is
unlawful (section 48(A) of the Education (Scotland) Act 1980, as amended).
Section 294 of the Education Act 1993 further amended that section so that
corporal punishment of pupils at independent schools who are not supported
from public funds could not be justified if the punishment was inhumane
or degrading.
162. The Scottish Executive published a consultation paper on 7 July proposing legislation to abolish corporal punishment in independent schools and pre-school centres. Such legislation would mean that corporal punishment would be illegal in all schools in Scotland.
163. In September 1997, the European Commission of Human Rights heard the application of Child A v UK. The child complained that injuries he sustained from his stepfather, who beat him with a stick, were in breach of Article 3 of the European Convention on Human Rights. The stepfather had been acquitted of assault occasioning actual bodily harm, relying on the common law defence of ‘lawful correction' and ‘reasonable chastisement'. The Commission concluded that this defence removed adequate protection from the child, in breach of Article 3, but that Article 3 does not impose an obligation on States to protect, through their criminal law, against any form of physical punishment, however mild, by a parent of a child.
164. The Government accepted that there had been a violation of child A's rights and that the law needed to be changed to protect children better, but added that mild chastisement, such as smacking, should not be banned. The applicant declined the Government's offer of an ex gratia payment and costs to settle the case, and the case proceeded to a full hearing before the European Court of Human Rights. The Court held that there had been a violation of Article 3 and awarded the applicant £10,000 and specified legal costs.
165. The Government's policy is to balance the freedom of parents to bring up their children as they think best with their duty to protect children from abuse and physical harm. The Government fully accepts that degrading and harmful punishment of children can never be justified even under the defence of lawful correction or reasonable chastisement. The Government is drafting a consultation paper on changes to the law to protect children better but it has made clear that it will not prohibit the sort of light smacking that is a normal part of parental discipline.
Police discipline and complaints
England and Wales
166. The procedures for handling complaints against the police and for considering disciplinary action are laid down under Part IV of the Police Act 1996 which came into force on 1 April 1999. They prescribe the same process of investigation as before, but now:
167. The Chief Officer may suspend a member of his force where a complaint indicates he may have committed a disciplinary offence, whether or not the matter has been investigated. One of the effects of suspension is to stop any steps which may be taken towards retirement.
168. The Police Complaints Authority (PCA) supervises investigation of the most serious complaints against the police, including those involving death, serious injury or serious arrestable offences. The PCA also reviews the report of every complaints investigation and may recommend or direct that officers face disciplinary proceedings if none have already been taken. Where the conduct alleged would constitute a criminal offence, the Crown Prosecution Service first determines whether criminal charges should be brought.
169. Detailed figures on complaints against the police in England and Wales are published annually. The following table shows a marked increase in recorded cases between 1993 and 1994 no doubt in large part the result of a revised system in the largest force (the Metropolitan Police), introduced in October 1993 to ensure that all complaints and their outcomes are properly recorded and the outcome reported.
Complaints against the Police: England and Wales 1993- 1998
| 1993 | 1994 | 1995-6 | 1996-7 | 1997-8 | |
| Cases | 22,237 | 24,957 | 23,590 | 22,534 | 22,057 |
| % change on previous year | +2.7 | +11.8 | -5.5 | -4.5 | -2.1 |
| % substantiated | 2 | 2 | 2 | 2 | 2 |
| % unstubstantiated | 28 | 24 | 22 | 27 | 25 |
| % withdrawn | 41 | 40 | 43 | 39 | 38 |
| % informally resolved | 29 | 34 | 33 | 32 | 34 |
Each case represents an investigation which may involve one or more separate matters of complaint, by one or more complainant.
Scotland
170. The Police and Magistrates' Courts Act 1994 enabled the Secretary of State for Scotland to make regulations for procedures for dealing with misconduct. The new regulations came into force on 1 August 1996, and apply to acts or omissions since that date. Behaviour amounting to a disciplinary offence before that date continue to be dealt with under the 1967 Regulations.
171. In 1997-98, there were 358 police discipline and misconduct cases
dealt with under the 1967 and 1996 Regulations respectively. 48 of these
proceeded to a disciplinary or misconduct hearing, the outcomes of which
were as follows.
| Hearings | Discipline | Misconduct | Total |
| Dismissed | 0 | 1 | 1 |
| Required to resign | 0 | 3 | 3 |
| Reduced in Rank | 0 | 1 | 1 |
| Reduced in Pay | 0 | 8 | 8 |
| Fined | 5 | 19 | 24 |
| Reprimanded | 4 | 5 | 9 |
| Cautioned | 1 | 1 | 2 |
| Total | 10 | 38 | 48 |
Of the cases that did not proceed to a disciplinary or misconduct hearing, most resulted in a warning by a senior officer, some were found to be unsubstantiated, and in a few of cases the officer resigned before disciplinary or misconduct procedures were completed.
172. The following table shows the decrease in complaints cases since 1993:
| 1993 | 1994 | 1995-6 | 1996-7 | 1997-8 | |
| Cases | 1,841 | 1,654 | 1,444 | 1,333 | 1,261 |
| % change on previous year | -9.4 | -10.2 | -12.7 | -7.7 | -5.4 |
Cases may involve more than one allegation and more than one complainant
173. The 1994 Act also introduced a new power for Her Majesty's Inspector of Constabulary for Scotland to consider representations complainants dissatisfied with the way in which the police have handled their complaints and, where appropriate, to direct a Chief Constable to re-examine the case. The Secretary of State for Scotland or the relevant police authority can require the Inspectors of Constabulary to submit a written assessment of the case and the Chief Constable's report of his re-examination it. Complaints continue to be referred to the Procurator Fiscal when there is any suggestion that a police officer's action may have amounted to criminality.
Northern Ireland
174. The procedures for handling complaints against the police in Northern Ireland and for independent oversight of the complaints and discipline system by the Independent Commission for Police Complaints for Northern Ireland (ICPC) are described in paragraphs 147 to 151 of the Fourth Periodic Report. Figures for complaints against the police are published each year in the annual reports of the Chief Constable of the Royal Ulster Constabulary and of the ICPC.
175. ICPC must supervise the investigation of all complaints alleging death or serious injury and may supervise the investigation of any other complaint. In 1997 ICPC supervised 353 investigations out of 3111 complaints. In 1998 the figure was 270 of 2,651 cases. An unusually large number of cases resulting from important incidents in 1997 created a backlog reducing the figures for completed cases in 1998 . In such cases ICPC approves the appointment of the investigating officer and has the power to direct the investigation.
176. Once the criminal aspects of a case have been determined, the question of disciplinary action is considered. The Chief Constable notifies ICPC what action he proposes; if it is not to take disciplinary action, the ICPC may recommend or direct disciplinary action nonetheless.
177. Figures on police complaints over the last six years are below.
Complaints against the police : Northern Ireland 1993 - 1998
| 1998 | 1997 | 1996 | 1995 | 1994 | 1993 | |
| Complaints | ||||||
| Completed | 5293 | 5433 | 4835 | 5029 | 4728 | 4455 |
| Cases | ||||||
| Completed | 3671 | 3444 | 3309 | 3478 | 3406 | 3034 |
| Withdrawn | 1088 | 799 | 976 | 922 | 890 | 828 |
| Dispensed with | 688 | 916 | 519 | 566 | 780 | 714 |
| Informally resolved | 560 | 573 | 649 | 582 | 471 | 285 |
| Unsubstantiated | 1363 | 1089 | 1090 | 1346 | 1242 | 1169 |
| Substantiated | 52 | 67 | 75 | 62 | 23 | 38 |
| Informal disciplinary action | 65 | 84 | 70 | 115 | 12 | 29 |
| Charges | ||||||
| Brought by DPP | 5 | 3 | 11 | 14 | 6 | 6 |
| Formal disciplinary charges | 22 | 14 | 39 | 23 | 11 | 12 |
| Officers found guilty | 5 | 1 | 8 | 5 | 6 | 2 |
| Not guilty | 0 | 6 | 5 | 13 | 2 | 5 |
Cases may involve more than one complaint
Police Ombudsman
178. The Committee recommended procedures for the independent investigation of complaints against the police in Northern Ireland in paragraph 22 of its consideration of the Fourth Periodic Report. In 1995, the previous Administration established a review of the police complaints system. The Government accepted the recommendations of the report which was published in January 1997 and which received widespread support in Northern Irel