HL Deb 06 January 2004 vol 657 c33WA
Lord Ouseley

asked Her Majesty's Government:

Whether any organisation proscribed by law or any known racist organisation has been investigated and found to be in breach of the Race Relations Act 1976 or the Human Rights Act 1998. [HL258]

Baroness Scotland of Asthal

A list of the organisations proscribed by law was set out in my right honourable friend the Home Secretary's Written Answer of 8 December 2003 (col. 238W) in another place.

The Commission for Racial Equality (CRE) is empowered to carry out formal investigations (FIs) under Section 48 of the Race Relations Act 1976. There are two types of FI: general—which can look into a particular sector of activity such as English police forces and training establishments or a particular geographical area; and belief" or named—which looks into a named organisation or named organisations.

In order to carry out an investigation into a particular organisation or particular organisations, the CRE must believe (and have some ground to sustain that belief) that the organisation or organisations in question have committed acts made unlawful under the RRA. The CRE has not carried out any FIs into a proscribed organisation.

It is not likely that the CRE would seek to investigate a proscribed organisation, though the activities of such an organisation could be a matter for the criminal justice agencies.

There is no central list of "racist" organisations. It is not therefore possible to comment on whether any investigations have been carried out in this area.

The Human Rights Act 1998 does not contain any investigatory powers.