Racial Harassment (Hansard, 17 July 1985)

§ Mr. Harry Cohen (Leyton)
I beg to move, That leave be given to bring in a Bill to create an offence of racial harassment; to place a duty on a landlord to seek eviction of a tenant who is convicted of such offence if it is committed against another tenant of that landlord; to provide for the right of appeal against eviction and against proposals for rehousing; to place a duty on landlords and local authorities to provide information on the rights and duties in relation to racial harassment; to make provision for investigation of complaints and for a code of practice; and to make provision for compensation of victims. This important legislative step is designed to tackle the problem of racial attacks in and around people's homes. The need for such legislation is highlighted by the tragic deaths in Ilford last Saturday, when Mrs. Shamira Kassam, who was eight months pregnant, and her three small children died in an arson attack on her home. The evidence strongly points to racial motivation. Petrol was poured through the letter box—

§ Mr. Neil Thorne (Ilford, South)
rose—

Hon. Members
Sit down.

§ Mr. Cohen
Petrol was poured through the letter box three weeks earlier; there was an attack on the same property three years previously, when it was occupied by a different Asian family; and across the road, done by a Fascist organisation, was obnoxious, racist graffiti. Under my Bill, the police would have been under a statutory duty to investigate the previous arson attacks and the incident of the graffiti as racially motivated crimes.
These horrendous and needless murders, to society's shame, cannot be treated as an isolated incident. There has been a steady increase in the number and intensity of incidents of racial harassment. Sir Kenneth Newman, in his June report about the situation in London, pointed out that the number of reported cases of racist attacks went up by over 18 per cent. in 1984, whereas the crime rate generally went up by 9 per cent. We know, moreover, that many cases are not reported to the police, either for lack of confidence in the police or for fear of reprisals.
Most of the victims are Asian of Afro-Caribbean. The official Home Office report of 1981 found that the incidence of racial victimisation of Asians was 50 times higher than for white people, and for Afro-Caribbeans it was 36 times higher. The Policy Studies Institute's report, "Black and White Britain, 1984", considered that the Home Office may have underestimated the incidence of racial attacks by as much as 10 times.
Police perception of and reaction to these attacks is mixed. There is an inconsistency in their recognition of the racial motivation for such crimes and in the speed and type of their response to them. For example, they often exhibit scepticism and even hostility to the victims. They arrive late at the scene of the crime and end up simply advising victims to pursue private prosecutions.
However, there is a slow realisation of the extent of the problem. Mr. Robert Bunyard, chief constable of Essex, is quoted in The Times on 7 June 1985 as saying: ethnic minorities live in dread. The police, media and politicians may have been wrong to dismiss such problems and people's fears as trivial when they are not. Sir Kenneth Newman has formally stated that racial attacks will be one of his prime priority targets for 1985. He has said: 344 Reducing the numbers will not be easily achieved, nor will it be won by the efforts of the police alone. That, by implication, advocates tighter law and the need for clearer duties on the police in these cases. My Bill will provide just that.
However, the Bill also imposes duties upon local authorities, as it is also, in part, a housing Bill. There is a tentative policy to deal with the perpetrators of racial harassment in a few local authorities—Newham and the GLC should be praised—but it is a piecemeal and unco-ordinated approach in the absence of effective legislative backing. There is a poor record of co-ordination between local authorities and the police in dealing with cases of racial harassment. That has resulted in a hotchpotch of responses, instead of clear guidelines embodied in statutory responsibilities.
Specifically, my Bill will put on the statute book for the first time the crime of racial harassment—a racially motivated crime by a member of one racial or ethnic group against a member of a different racial or ethnic group. Racial harassment denies one the right to peace and comfort in one's home and reduces the quality of life. It can mean that the person affected fears for his safety.
The Bill includes a schedule that delineates such acts. They include unprovoked assault—including actual bodily harm and grievous bodily harm—damage to property—including breaking windows, doors or fences—the writing of racial slogans or graffiti, arson or attempted arson or damage to a building used by a racial or ethnic group, including places of worship and cemeteries.
The Bill also lays down police procedures for the conduct of investigations, the maintenance of records and the publishing of findings. It lays duties on all landlords and local authorities to inform their tenants and ratepayers of the offence and its consequences. Connivance or neglect by an officer of a body corporate, which can be the police, a local authority or a company landlord, in dealing with a case of racial harassment is also an offence. An injunction can be sought to stop any further acts of harassment occurring, and stiff fines and/or imprisonment are introduced upon conviction.
In severe cases, the Bill provides grounds for the eviction of perpetrators. They include the possibility of a compulsory purchase order being instituted against a convicted racist owner-occupier, subject to the acceptance of the Secretary of State. A convicted racist tenant who is subject to eviction cannot subsequently be rehoused in accommodation of a superior standard.
Consideration of the provisions of the Bill answers the criticisms of those who casually suggest that no new laws are needed. I was disappointed by the response of the Prime Minister yesterday to my question. The right hon. Lady expressed personal sympathy about the Ilford murders, but she was not prepared to make any effort to bring in legislation to combat this increasing form of violence.
Despite the Government's law and order stance, they want to leave the law out of their response to crimes of a specific racial nature. On the other hand, legislation against racial harassment is supported by the Labour party because it protects and defends our democracy. We cannot assume that a peaceful democracy exits in all sections of our community while many ethnic minority citizens live in fear and in a state of siege in their own homes.
345 We do not want to encourage vigilantes, but neither should we turn a blind eye when there is evidence of individual or organised Fascism perpetrated against ethnic minorities. My hon. Friend the Member for Copeland (Dr. Cunningham), who is shadow Secretary of State for the Environment, has said: Victims suffer twice; they are attacked and then have to move home. My hon. Friend is a sponsor of my Bill, and he has pledged that the next Labour Government will strengthen the law and help the victims of racial harassment. I am proud to have pioneered the way for future legislation against racial harassment.