HL Deb 03 February 2000 vol 609 cc48-9WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Lord Bassam of Brighton on 24 January (WA 174), whether they will publish the study of race and the Crown Prosecution Service, completed by Dr Mhlanga, before introducting any new legislation on mode of trial. [HL743]

Lord Bassam of Brighton

The Crown Prosecution Service published a report in October 1999 covering the main findings of the research funded by the Economic and Social Research Council undertaken by Dr Bonny Mhlanga. The Home Office are discussing with Dr Mhlanga what further data from his study could be published which might assist in the current debate on mode of trial

Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Lord Bassam of Brighton on 24 January (WA 175), whether they consider that the evidence given by Ms Marion Fitzgerald of the Home Office to the Royal Commission on Criminal Justice (Cm 2263, July 1993, Research Study No. 20) no longer accurately summarises the problems of institutional racism in relation to the administration of criminal justice in England and Wales. [HL745]

Lord Bassam of Brighton

Her Majesty's Government considers that the submission by Dr Fitzgerald to the Royal Commission on Criminal Justice (Cm 2263, July 1993, Research Study No. 20) did not consider the evidence for or against institutional racism in the administration of justice in England and Wales at that time. Dr Fitzgerald did not use that term in her submission, although she pointed out that there was scope for discrimination in the exercise of discretion by criminal justice agencies and in the legal and non-legal criteria which influence decisions during the criminal justice process

As would be expected of any analysis produced over six years ago, Dr Fitzgerald's account needs to be considered in the light of subsequent research and events. Any update would need to take into account the new definition of institutional racism proposed in the Macpherson report on the murder of Stephen Lawrence and the work being done throughout the criminal justice system to respond to its recommendations

One of the recommendations is the extension of the Race Relations (Amendment) Bill, which is currently passing through Parliament. It will make both direct and indirect racial discrimination unlawful in respect of public functions not previously covered by the Race Relations Act 1976, including law enforcement functions. It will also place a positive statutory duty on public authorities, not just local authorities as now, to promote race equality. How the duty will operate in practice and be enforced will be the subject of consultation. Amendments on indirect discrimination and the duty to promote race equality will be brought forward when the Bill reaches Committee stage in the House of Commons