A/HRC/41/54/Add.4
7.
Para 10: Under UK legislation, all races have equal protection and all faiths have equal
protection. While there is not complete parity between race and faith, in the hate crime
legislation framework with regard to incitement offences, these are used very infrequently.
They require Attorney-General approval to prosecute, so in practice there is little legislative
difference between race and faith. Furthermore, as announced in October 2018 the Law
Commission will be reviewing the adequacy of protection offered by hate crime legislation.
This project is underway, and a consultation paper will be published in early 2020. Parts 3/3A
of the Public Order Act 1986, covering stirring up offences, sets out the nature of offending
behaviour. The key elements are summarised below. This distinction was established by
parliament following a debate on free-speech and in consideration of representation from
civil society.
Stirring up hatred on the grounds of: Race, Religion and Sexual Orientation
Race
• Threatening, insulting or abusive
• Intended to or is likely to stir up hatred
Religion and Sexual Orientation
• Threatening
• Intended to stir up hatred
8.
This aspect of the law is one of many which the current law Commission review will
be taking views on and making detailed proposals in its 2020 public consultation.
B.
The Race Disparity Audit
9.
Para 18: The Race Disparity Audit (RDA) is an evolving tool, so disparities not
included in the initial analysis may be included in future updates. The RDA also still has
data to publish. Data that will soon be available on the website includes hate crime data. Data
on issues such as prisoner violence and use of force on young offenders are already published.
10.
Para 19: The Race Disparity Unit is working with the Office for National Statistics
and Departments to enhance the consistency of ethnicity data collection. As demonstrated by
the launch of the Race Disparity Audit and the Ethnicity Facts and Figures website, the
Government remains committed to ‘explain or change’ ethnic disparities across all areas of
society.
11.
Currently the Ethnicity Facts and Figures website details data by ethnic group, which
includes data on the serious disparities faced by Gypsy, Roma and Traveller communities,
particularly in health and education. In addition, from 2021 Government proposes to
introduce a census category of ‘Roma’ alongside the existing ‘Gypsy or Irish Traveller’
category.
12.
The Race Disparity Audit are working with Government departments to highlight data
gaps and harmonise data on ethnicity. The Crown Prosecution Service (CPS established a
National Scrutiny Panel (NSP) on hate crime facing Gypsy, Roma and Traveller communities
in 2016. The NSP comprised members of community organisations engaged in supporting
victims of hate crime to report incidents. The meeting agreed an action plan that included the
commitment to develop specific guidance for prosecutors to ensure that there was support on
recognising and handling prosecution of hate crime motivated by hostility towards Gypsy,
Roma and Traveller. In addition, the CPS has provided a workshop on the legal framework
provided to organisations who provide practical support to the victims of hate crime to better
understand the law and how it operates and to improve the support given to victims.
13.
The Scottish Government is committed to strengthening data and evidence to support
equality analysis and assessment. Its four-year Equality Evidence Strategy is aimed at filling
gaps in the equality evidence base. The Equality Evidence Finder has recently been
modernised and is a key resource for government, public authorities and other organisations
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents