MPs debating disability hate crime in Parliament last week pointed to the culpability of the Condem government in inciting hostility against disabled people.
Kate Green, MP for Stretford and Urmston secured a debate on disability hate crime which took place on 23rd November 2011. Green explained in her opening that she had been motivated by a presentation to a joint meeting of the all-party groups on disability and learning disability by writer and journalist Katherine Quarmby in which she commented that she had been unable to find much evidence that disability hate crime had been debated in either House in Parliament.
Green acknowledged the Lord Chancellor’s commitment to align the sentence for murder where disability is a motivating or aggravating feature with that for race, religion and sexuality. She said that sentencing for murder is “just the tip of a deeply disturbing and significant problem” as shown by the recent EHRC report “Hidden in plain sight”. She said that more was needed for a satisfactory response to the harassment of disabled people and “the commission of crimes against them”. Green hoped that the debate would give the Minister for Disabled People, Maria Miller, the chance to explain what actions the Government is taking to address disability hate crime and when disabled people, their families and campaigners could hope to see the hate crime action plan promised by the Government.
The debate looked at the need for a wider, whole system change, requiring public bodies and the professionals who work in them treat all manifestations of disability-related harassment and hate crime with the utmost seriousness. MPs urged the Government to take on board the Law Commission proposals to extend the definition of harm to include exploitation. It was pointed out that although the Government have also announced that they will reform section 146 of the 2003 Act, which imposes sentence uplifts for crimes aggravated by protected characteristics such as disability, another issue that must be addressed is the power of the Attorney-General to review sentences deemed unduly lenient as at present that power does not extend to sentences for disability-motivated offences. Scotland was given as an example of good practice as the first country in Europe to have specific disability hate crime legislation on its statute book.
Although it was encouraging to see an issue serious to disabled people being taken seriously and being discussed in earnestness in Parliament, it was unfortunate that some MPs saw segregation as the solution to disabled people’s bad treatment in the community. Paul Maynard, MP for North Blackpool and Cleveleys, called for the Government to support the continuation of day centres, saying that “For many people with a learning disability, particularly those of an older generation, a day care setting offers the very support network that so many of them crave, and in pursuit of which they often put themselves at risk from so-called friends”, thus failing to understand that disability hate crime is a product of a perception of disabled people as “other” which the existence of day centres perpetuates.
The comments of other MPs were more encouraging. Gregory Campbell, MP for East Londonderry, stressed the need to move beyond schedule 21 (in aligning the sentence for murder where disability is a motivating or aggravating feature with that for race, religion and sexuality). He said that, “as a society, we should ensure that we do not seem to treat disabled people as a people apart, almost saying that different attitudes, legislation and approaches are required”. Robert Buckland, MP for South Swindon and himself a Barrister, emphasised the need to “stop asking these dangerous questions: why do they come out into the mainstream and why do they put themselves in those positions?” Instead he urged: “Let us focus on the offender. Let us focus on the offending. With that approach, we can achieve real results in the field of disability hate crime.”
One issue highlighted in the “Hidden in Plain Sight” report but notable from its omission in the debate was the subject of inclusive education. In his foreword to the report Mike Smith cites this as a cause of disability-related harassment and although MPs mentioned the importance of teaching school children about the wrongs of treating disabled people unfairly, no one mentioned the essential role that an inclusive society from childhood onwards has to play in ensuring fair and equal treatment for all members of the community.
The debate raised issues around tackling wider public attitudes about disabled people and the pervasiveness of an image of disabled people as “benefit scroungers”. Cases such as that of Fiona and Francecca Pilkington were put into the context of a rising hostility to disabled people, which fuels abusive behaviour and leads to an increase in the harassment of them. A study published last month by the Glasgow Media Group was cited, which analysed how the media are reporting disability in the context of Government spending cuts and revealed a major shift in how disabled people are portrayed with a negative impact both on public attitudes and on disabled people themselves. Researchers observed an increase in articles portraying disabled people as a “burden” on the economy, with some articles even blaming the recession on incapacity benefits claimants.
MPs pressed the Minister for Disabled People to acknowledge the derogatory and damaging language that has surrounded too much of the Welfare Reform debate. Ann McGuire described how “the daily feeding to the media of press releases and distortion of figures [by the Department for Work and Pensions], and the calling into question whether people really are disabled, has changed the landscape for disabled people.” She called on the Minister for Disabled People to “challenge some of the more outrageous and outlandish comments by some of her senior colleagues, because they are creating an atmosphere that is to the greater disadvantage of disabled people, and that causes fear and uncertainty in their lives.”
Whilst acknowledging that “disability hate crime is a scar on the conscience of the criminal justice system”, Maria Miller remained tight-lipped about the involvement of the Department for Work and Pensions in inciting disability hostility. She briefly announced a major new piece of work to look at how to change attitudes towards disability, and concluded by saying as way of response to McGuire’s comments about the portrayal of disabled people in the media, that “She and I are as one on this.” Miller never herself referred to the role of the Department for Work and Pensions in shaping the media portrayal and or gave any indication of a change in direction. She seemed to think the Government were already doing plenty on this despite the continued absence of a hate crime action plan or any admission of the sinister role the Government have played and continue to play in turning society against disabled people.
To read a full transcript of the debate: Disability Hate Crime – full transcript
I am 62 year old
male who is subject
to constant verbal
disabilst language
by a group of teenage
pupils from a local
school. Despite raising
my concerns with
Police Scotland little or no action was taken and it was only when I contacted my MP that the Education department
sat up and took
notice.
I am currently waiting to hear back from them as to arrange a
meeting to lay my
case before them.
Disabled people to directly inform new strategy
Disabled people and their organisations throughout the UK are being asked to contribute directly to a new cross-government disability strategy.
The strategy aims to give renewed impetus to the Government’s commitment to disability equality. It sets out areas for discussion based on three key principles:
realising aspirations
individual control
changing attitudes and behaviours
Responses to today’s discussion document will feed directly into the Government’s strategy, which will be published in spring next year.
Minister for Disabled People, Maria Miller said:
“The Government is committed to enabling disabled people to fulfil their potential and have the opportunity to play a full role in their community.”
“Some of the barriers in society which stop that happening have been removed over the past 40 years but there is far more to do, even at a time when the country’s finances are under great pressure.”
“Working with disabled people I now want to ensure that there is a clear focus in place across Government so that the money that is available takes full account of disabled people.”
“This week’s International Day celebrates the contribution of disabled people across the Globe and by working together we can ensure that this country remains a worldwide leader in disability equality.”
Comments can be submitted until 9 March 2012.
Submit your views on the discussion paper
https://odi.dwp.gov.uk/about-the-odi/odi-news.php#fulfilling