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REPORT OF CROSS-PARTY WORKINGGROUP ON RELIGIOUS HATRED

REPORT OF CROSS-PARTY WORKINGGROUP ON RELIGIOUS HATRED

CONTENTS PAGE

1. Introduction 4

2. The Issues 8

3. Law and Order 12

4. Existing Initiatives to Promote Respect and Tackle Religious Hatred 14

5. The Way Forward: Conclusions and Recommendations 20

Annex A: The Anti Terrorism Crime and Security Act 2001 and the Crime andDisorder Act 1998 26

Annex B: Participation of Faith Representatives 32

Annex C: Recommendations of the Church of Scotland Church and Nation Committee report (2002) on Sectarianism 33

Annex D: Nil By Mouth Charter for Change 34

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1.01 This Report sets out the conclusions of the Cross-Party Working Group on PossibleLegislation to Tackle Religious Hatred in Scotland. It considers whether legislation isnecessary or desirable, readily capable of enforcement and likely to lead to thereduction of sectarianism and other forms of religious hatred. The Group has alsoconsidered whether there are other, more appropriate ways to tackle the issue ofreligious hatred and send a strong signal to the public that there is no place for bigotryin today’s Scotland. The overall conclusion of the Group was that there were strongarguments for legislation but these should not overshadow the need for changes inpractice, culture and attitudes to combat religious prejudice on a wider front.

From the past to the present

1.02 Religious differences form the background to much of Scotland’s history since theMiddle Ages. There has been a recognisable element of religion running throughScottish politics down the centuries – from the introduction of Christianity, theReformation and the troubled reign of Mary Queen of Scots, the Solemn League andCovenant, the “Glorious Revolution” and the Jacobite Rebellions. Within living memoryit has been an open secret that some employers would not appoint people of aparticular faith. While there was some evidence of anti-semitism in pre-1940’s GreatBritain, casually expressed in literature in the same way as other examples ofdiscrimination, the history of religious division in Scotland up until the mid 20thcentury was largely one of inter-Christian sectarianism.

1.03 More recent immigration from further afield, an improvement in world communicationsand more relaxed attitudes have brought a bigger diversity of religious faith to Scotlandand also a growing constituency of people who would say that they are of no religiousfaith. Sometimes the expression of religious belief will involve expressing genuine butrespectful disagreement with someone else’s belief. But at times so-called “religiousdifferences” can be used as a pretext for intolerance, racism and cultural imperialism,for insulting behaviour and for acts of violence. Much of the media attention regardinginter-Christian sectarianism in Scotland focuses on the attitudes and behaviour ofcertain football fans – but religious intolerance can go much wider than that.

1.04 To consider meaningfully the issue of religious hatred, we believe it is important toacknowledge the many crossovers between religion, culture, history, race, politics andpatriotic feeling. It can sometimes be difficult to dissociate religion from all thesefactors. As just one example, criticism of the Israeli/Palestinian conflict in the MiddleEast sometimes draws accusations of racism or religious discrimination, including anti-Semitism and Islamophobia.

Recent political developments

1.05 Religious hatred is clearly a matter of concern to all right-minded citizens and therehave been a number of political developments recently which have sought to tacklethe problem through legislation.

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INTRODUCTION

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1.06 Article 9 of the European Convention on Human Rights provides that:

“(1) Everyone has the right to freedom of thought, conscience and religion; this rightincludes freedom to change his religion or belief and freedom, either alone or incommunity with others and in public or private, to manifest his religion or belief, inworship, teaching, practice and observance.

(2) Freedom to manifest one’s religion or beliefs shall be subject only to suchlimitations as are prescribed by law and are necessary in a democratic society in theinterests of public safety, for the protection of public order, health or morals, or for theprotection of the rights and freedoms of others.”

1.07 Article 13 of the Treaty of Amsterdam includes an Employment Directive which requiresmember states to make discrimination unlawful on grounds of religion or belief,disability, age or sexual orientation in the areas of employment and training. It alsoincludes a Race Directive, which requires member states to make discrimination ongrounds of racial or ethnic origin unlawful in the following areas: employment, training,education, access to social security and health care, social advantages and access togoods and services, including housing.

1.08 In July 2001, Dennis Canavan MSP wrote as convener of the Cross-Party Sports Group tothe then First Minister about proposals he had received from the Old Firm (Rangers andCeltic football clubs) for tackling sectarianism in football and in Scottish society moregenerally. The First Minister responded welcoming the approach taken by the clubs andhighlighting the need for the different agencies involved to work together to achievemost of the aims.

1.09 In June 2001, Donald Gorrie MSP lodged a proposal for a Bill in the Scottish Parliamentto make sectarian behaviour an aggravation of a criminal offence. The intention of thiswould be to attract more punitive sentences for offences which were committed witha sectarian motivation. He also proposed the creation of a code of conduct on tacklingsectarian behaviour. Mr Gorrie’s consultation on his proposed Bill drew almost 100responses, most of which expressed support for his objectives. However, under therules of the Scottish Parliament on the drafting of Private Members’ Bills, the setting upof this Working Group on Religious Hatred had the effect of suspending work ondrafting the Bill. Mr Gorrie has brought forward new proposals for an amendment tothe Criminal Justice Bill currently being considered in the Scottish Parliament. Theseproposals if enacted would make the motivation of religious or sectarian hatred anaggravation of a criminal offence.

1.10 On 15 October 2001, the UK Home Secretary announced that he intended to includemeasures to counter religiously-motivated crime in the Anti-Terrorism, Crime andSecurity Bill. He proposed, amongst other things, to widen the existing law to coverincitement to religious hatred and to create a new category of religiously-aggravatedoffences to complement the racially-aggravated offences created by the Crime andDisorder Act 1998. During the passage of the Bill the Home Secretary withdrew theprovisions on incitement to religious hatred after the House of Lords twice votedagainst them. However, the separate provisions on religiously-aggravated offences in

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England and Wales received Royal Assent in December 2001. See Annex A for anoutline of the relevant provisions. At the time of writing, there have been threeprosecutions under the new provisions in England and Wales, one of which hasproceeded to conviction. The House of Lords have set up a Religious OffencesCommittee to consider the law on blasphemy and the wider issue of religious hatredoffences.

1.11 During a debate in the Scottish Parliament on 15 November 2001 about the UKParliament’s Anti-Terrorism, Crime and Security Bill, Iain Gray (then Deputy JusticeMinister) indicated that the Executive considered that the existing law in Scotland hadbeen sufficient to deal firmly with religious hatred. The Executive therefore did notconsider it appropriate for the Bill’s provisions on religious hatred to extend toScotland. Nevertheless he announced that the Executive would convene a cross-partyworking group to consider whether there was a need for any new legislation on thisissue in Scotland. We are that group and this report is the result of our deliberations.

Membership of the Working Group

1.12 Membership of the Working Group is as follows:

Dr Richard Simpson MSP, at the time Deputy Minister for Justice (in the Chair)

Roseanna Cunningham MSP (SNP)

Lord James Douglas-Hamilton MSP (Con)

Donald Gorrie MSP (Lib Dem)

Hugh Henry MSP, at the time Deputy Minister for Social Justice (replacing MargaretCurran MSP following her appointment as Minister for Social Justice)

Pauline McNeill MSP, Convener Justice 2 Committee of the Scottish Parliament

Association of Chief Police Officers in Scotland (ACPOS) (Assistant Chief ConstableJohn McLean, Strathclyde Police)

Commission for Racial Equality Scotland (Mick Conboy)

Officials from the Crown Office and the Scottish Executive (Criminal Justice Division,Police Division and Equal Opportunities Unit) also participated in the Group’s meetings.

Remit of the Group

1.13 The remit of the Working Group is as follows:

“Consider the need for legislation to combat religious hatred (in particular the creationof a new category of statutory aggravations and the creation of a new offence ofincitement to religious hatred) and if appropriate develop effective and workableproposals for legislation to increase the protection to religious groups in Scotland.

Consider whether non-legislative action could be taken as an alternative.”

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Method

1.14 The Group has met four times. We have had discussions with the Crown Office andProcurator Fiscal Service, with the Association of Chief Police Officers (Scotland), withrepresentatives of faith groups (see Annex B for details), with the anti-sectarian charityNil By Mouth and with representatives of Celtic and Rangers football clubs. Groupmembers also attended two Old Firm games in Glasgow to see for ourselves thechallenges of policing and stewarding the matches. We are very grateful to all thosewho gave evidence and took the time to explain to us their point of view on the issues.

Consultation

1.15 This Working Group report is not the end of the process. We understand that theExecutive plans to consult on the report as a way of promoting wider discussion amongrelevant groups within Scottish public life on how religious hatred can most effectivelybe overcome.

1.16 We are conscious that some of our recommendations are for organisations which areneither part of nor within the control of the Scottish Executive. We are particularlyanxious that these organisations consider our recommendations and respond to theconsultation constructively, to say what they are willing to do or what they expectfrom other agencies, aside from the other recommendations in this report, to enablethem to take the steps we recommend. Legislation alone can never provide an effectivesolution to the problems of prejudice and religious hatred. It requires wider culture andattitude change and effective action by all those who have to manage the situations inwhich such prejudice and hatred can manifest itself.

1.17 It is usual practice to make responses to a consultation exercise available for publicviewing, unless the respondent specifies otherwise. Responses to the consultation willbe placed after the closing date in the Scottish Executive library.

1.18 Please send your response to: (by post)Religious Hatred Consultationc/o Wilma SmithSEJD Criminal Justice DivisionArea 1WRSt Andrew’s House Regent RoadEDINBURGH EH1 3DG

(by email) [email protected]

The closing date for responses is 14th March 2003.

1.19 A copy of this report is available on the world wide web at:http://www.scotland.gov.uk/views/views.asp. Further copies can also be obtained by telephoning Wilma Smith on 0131 244 2293.

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2.01 Religious hatred matters because its effects may range from violence against thoseperceived to have different religious views, to more insidious and less visiblediscrimination and unfair treatment.

Defining the extent of the problem – research

2.02 There is little accessible research on sectarianism, religious hatred and discrimination incontemporary Scotland. Although the courts can take into account religious orsectarian motivation as an aggravating factor to a common law crime, which canincrease the sentence imposed, details of such cases are not routinely collected. Thislack of data makes it difficult to estimate the number of cases involving religioushatred or to gauge the wider extent of the problem. It also makes it difficult toestablish a baseline for the purpose of evaluating the success of any initiatives tocombat religious hatred. Such a baseline is essential to inform ongoing work for thefuture.

2.03 The results of the Scottish Social Attitudes Survey for 2001, carried out by the NationalCentre for Social Research, are to be published in early 2003. The Survey includesquestions on religious attitudes and the resultant data may provide a useful picture ofScottish opinions.

Religion, culture, politics and violence

2.04 During our deliberations, we have recognised that religion may be only one factor in aninterconnected cultural, political, territorial and ethnic identity. Some religious groupshave been subjected to intolerance and oppression throughout their history. Politicaland cultural differences may have been historically based on religious differences but itcan still be hard to identify an informed religious perspective in a so-called “sectarian”attack. Focusing on religious differences can be a way of expressing cultural intoleranceor racist attitudes. It may even be difficult to disentangle whether religious, racist orcultural beliefs are an impetus to harmful or violent behaviour, or simply a cloak. Inmany cases, religious difference might be the pretext for, rather than the cause of, anassault. The situation can become further complicated when intense rivalry betweensupporters of certain football clubs becomes a factor in behaviour associated withsectarianism.

Race Relations and Equal Opportunities

2.05 Some religious groups such as Jews and Sikhs have been afforded protection by caselaw development around race relations legislation, because they are in effect judged tobe racial groupings. Hindus, Muslims and Christians do not have that protection. Thecrucial distinction is apparently between those who can trace their descent from acommon geographical origin and are therefore protected as an ethnic or racial group,

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THE ISSUES

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and those who can only trace their beliefs from a common origin and as a religiousgroup are not protected. A feature of those religions that trace their belief to acommon origin is that they not only allow conversion to the religion but may alsoencourage it. The effect of this is that followers can be found all over the world andare not therefore defined by their descent from a common geographical origin. Thusthere are white Muslim converts, African Muslims, Bosnian Muslims and so on. From theevidence presented to us, we understand that many members of ethnic minorities donot know whether they are being discriminated against or attacked because of theirrace, their religion or their culture. In the aftermath of the terrorist attacks on the USAon 11 September 2001, there were reports that Muslim people in Scotland were beingsubjected to new harassment and intimidation. Sikhs and Hindus were apparently alsotargeted. Some Muslims have expressed the view that they now do not know whetherthey are being viewed as the victims or the perpetrators of religious hatred. Among thereligious groupings we spoke to, some of those with a strong racial sub-identity feltthat new legislation to try to tackle religious hatred might be desirable.

2.06 Equal Opportunities legislation is a matter reserved to the Westminster Parliamentunder the provisions of the Scotland Act 1998. The UK Government is preparing toproduce new legislation to implement its obligations under Article 13 of the Treaty ofAmsterdam (see paragraph 1.07 above). It has announced a major review of equality tolook in depth at the possibility of a more unified approach to equality issues across theUK. The review will include the possibility of a single equality commission and thecreation of interim arrangements relating to sexual orientation, religion and age underthe new legislation. It will also include a review of anti-discrimination legislation.

2.07 The criminal law in Scotland is of course a devolved matter for the Scottish Parliamentto handle. In our examination of the issue of religious hatred, we have concentrated onthe criminal law.

Freedom of Speech

2.08 In a multicultural and multi-religious society we have a responsibility to respect therights of others to practice their own religions. But it can be difficult to draw a linebetween allowing free expression of religious differences on the one hand and, on theother hand, outlawing any expressions of intolerance which might lead to insultingbehaviour or violence.

2.09 Some individuals we spoke to, while supporting the right of people to hold and professtheir own religion without fear, were worried at the possible implications of an offenceof incitement to religious hatred. They were concerned that such an offence might, forexample, make it difficult to preach the superiority of one faith over another, to try to“convert” others to a different faith, or indeed to criticise the practices of anyparticular religious group. The faith representatives we spoke to noted that there canalso be different points of view within a religious grouping. While the majority ofmembers of a religious grouping might consider themselves “moderate” or“mainstream”, media attention given to the views and activities of extremist fringe

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groups can skew public perception of the religious grouping as a whole. It is our viewthat society needs to safeguard the right of people to hold and express their ownreligious opinions, while at the same time ensuring that they do not result in actionswhich have an adverse effect on the lives of others.

Football-related sectarianism

2.10 One of the most readily discernible expressions of intolerance in Scotland today, andarguably one which is most often likely to result in violence, is the manifestation ofsectarianism in the rivalry between supporters of various football clubs in Scotland.This receives considerable media coverage. Although particularly rife betweensupporters of the Glasgow teams Rangers and Celtic, it is also evident in the rivalriesbetween a number of other clubs. Sectarian fan rivalry is a muddled combination ofCatholic/Protestant religious differences, Northern Ireland politics and nationalisticiconography. Supporter fanzines and websites may be a potential source of sectarianmaterial; sectarian banners, badges and stickers are also manufactured and distributed.We heard concerns that street traders were selling offensive sectarian material. Wewrote to Glasgow City Council as the licensing body to ask for their commentary. Theyreplied that they license street traders “to sell football memorabilia which means solelythat they can only sell merchandise relating to football i.e. scarves, hats, etc.” TheCouncil has written to the traders reminding them of the conditions of their licenceand Strathclyde Police have been asked to assist in monitoring the traders.

2.11 Working Group representatives took the opportunity to see police operations at OldFirm games at Celtic Park and at Ibrox. The fans’ rivalry is expressed in many ways:chanting, singing, insults, gestures and banners. Some of these crystallise the difficultyof defining an offence of religious hatred. For example, gestures include Celtic fansostentatiously making the “sign of the cross” at the Rangers fans. The sign of the crossin itself is an expression of the Roman Catholic faith; however, using it to alarm, upsetor provoke others might be a breach of the peace at common law. Similarly, the singingof loyalist songs like “The Sash” or “Derry’s Walls” which celebrate the triumph ofWilliam of Orange, could be viewed as an expression of cultural solidarity, or as anattempt to insult and intimidate the opposition.

2.12 There is a great deal the clubs themselves can do to deal with sectarian behaviouramong their supporters. We understand that it may be possible, through the scrutiny ofvideo recordings after a match, to identify particularly provocative behaviour by seasonticket holders. The club could take steps to deal with the individuals involved withouttaking action that might be counter-productive during a game. They could, for example,take away their season tickets for a specified or indefinite period. They could also takesteps to publicise the action they have taken. We heard evidence that clubs do nottake action often enough against fans misbehaving and that they do not adequatelypublicise ticket forfeiture. The threat of a ban and/or removal of a season ticketimposed by a club is viewed by some supporters as a greater incentive to behave thanthe prospect of a fine or a prison sentence.

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2.13 In September 2002, Celtic Football Club wrote to its supporters objecting to thesectarian chanting which disrupted the minute’s silence in memory of the victims of the atrocities in the USA the previous year. Both Celtic and Rangers participate in anti-sectarianism initiatives. While it is clear that the clubs are working to distancethemselves from sectarianism, equally no-one can doubt that it exists among someelements of their fan base.

2.14 Verbal expressions of sectarianism, depending on the circumstances, might well beviewed as intimidating behaviour. Even more sickeningly, some individuals take theiremotions to the extreme of violent assaults on others.

2.15 Football can, of course, be a focus for disorder whether or not sectarianism is involved.We understand, for example, that other fixtures can cause greater difficulties for thepolice in Glasgow than Old Firm matches.

2.16 Police forces throughout Scotland already participate in various arrangements to co-ordinate effective policing of football matches and are working to address gaps thatexist. For example, a football sub-committee under the auspices of the Association ofChief Police Officers in Scotland meets quarterly, and has a liaison arrangement withrepresentatives of football authorities.

2.17 At present there seems to be no formal mechanism for the police to inform clubsabout supporters who are arrested inside a club’s ground, still less of offences whichmight take place in the surrounding streets. The clubs are not informed about suchbehaviour and accordingly can take no action against such supporters. Likewise theProcurator Fiscal does not inform the club of any action against one of its supporters.

2.18 While we spent quite some time examining football-related sectarianism, we are alsovery clear that it is by no means the only manifestation of religious hatred in Scotland.

Summary of Key Issues

2.19 In summary, then, the main issues are:

• the need to acknowledge that manifestations of religious intolerance or hatred inScottish society are not acceptable;

• the need for contemporary research to define the extent of the problem, to trackchanges in attitudes and to evaluate projects and programmes seeking to effect alonger-term change;

• safeguarding freedom of speech;

• dealing with cultural sectarianism and violence in the particular context of footballmatches.

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The Law in Scotland

3.01 The common law in Scotland covers offences such as murder and assault. It also coversabuse and intimidation: anyone who behaves in a threatening, abusive or insultingmanner may be committing a breach of the peace in Scotland. The maximum sentencefor common law crime prosecuted on indictment is life imprisonment and an unlimitedfine. The common law provides that a circumstance in a criminal case which adds tothe seriousness of the offence is to be regarded as an aggravation.

3.02 The High Court of Justiciary has stated that religious/sectarian aggravations should betaken into account when sentencing. Decisions of the High Court of Justiciary arebinding on all lower courts. In the case of HMA v Longstaff the accused was convictedof assault to severe injury, permanent disfigurement and attempted murder. In refusingan appeal against a sentence of 10 years’ imprisonment the High Court stated:

“It is quite clear to us that mindless violence with at least a strong hint of sectarianismrequires a severe and deterrent sentence. Indeed the only matter that concerned us inthis case is whether a sentence of 10 years’ imprisonment is sufficient.”

3.03 It is not currently possible to quantify the extent to which religious/sectarianmotivation is involved in offences tried in the courts in Scotland because statistics arenot collected on religious hatred as a factor in criminal activity. We believe that this isa shortcoming in the justice system and that statistics on religious aggravation shouldbe collected.

Existing Guidelines

3.04 In September 1998 the then Scottish Office issued guidance on the Crime and DisorderAct 1998 provisions on racially-aggravated offences. This guidance referred toreligiously-motivated crime, saying: “Where there is no evidence of racial hostility butthere is evidence of religious motivation or hostility this should also be brought to theattention of the court. The court might consider this as an aggravating factor insentencing.”

3.05 The Lord Advocate has issued guidelines to the police on the handling of racially-motivated incidents. Procurators Fiscal are also issued with extensive guidance thatgenerally prohibits the deletion of any reference to the racial elements from anyoffence as part of plea negotiation. However, no such instructions, either to the policeor to Procurators Fiscal, have been issued in connection with any religious motivationto an incident. Given that there is no record kept of religiously-motivated or aggravatedoffences, it is impossible to say whether in practice Procurators Fiscal and the policeare treating these incidents as seriously as they should.

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LAW AND ORDER

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The Police

3.06 We have seen how the risk of sectarian violence is particularly pronounced at certainfootball matches and in the surrounding community before and after these matches.Because of the policing and stewarding at Old Firm and other matches, earlier kick-offtimes and a ban on alcohol at football grounds and on public transport, the risk ofviolence is now generally lower during the match than in the community before andafter the match. The primary function of the police at football matches and other suchevents is to ensure public safety. While there may be a number of technical offencesbeing committed at a football match, involving insulting or abusive behaviour, weappreciate the police reluctance to make arrests unless there is a heightened risk ofpublic disorder. The police consider that making an arrest for every technical breach ofthe peace would tie up their resources and restrict their ability to deal with publicsafety issues. Each arrest takes at least two police officers away from general crowdcontrol. The police take the pragmatic view that they must concern themselves withthe results of any sectarian emotion, not with the emotion itself. The police may beaware for example of abusive chants in some section of the crowd. They might judge inparticular circumstances that to try to arrest the perpetrators would meet withsignificant physical resistance and cause serious problems in terms of crowd control.Furthermore, because supporters are segregated from each other at a match there islittle opportunity for opponents to respond to those chants with violence at that time.The police might therefore decide not to make arrests.

3.07 The police also maintain a presence at marches and other processions held, amongstothers, by the Orange Order and by Irish Republican supporters. Again, they considerthat public safety is the over-riding consideration. They have commented that there isusually more trouble from march “followers” than from people who are taking partofficially. Again the fact that such incidents are not specifically recorded makes itdifficult to ascertain what happens to such persons when they are prosecuted. Courtscan, of course, take sectarianism into account as an aggravation when sentencing fordisturbances connected with Orange/Republican marches. Local authorities, in liaisonwith the relevant Chief Constable, have the power under the Civic Government(Scotland) Act 1982 to either prohibit or impose conditions on the holding of marchesin their area. They can impose conditions on a march relating to its date, time, duration,route and entry to any public place.

3.08 There is evidence of offensive behaviour associated with some of these marches andwe would want the police and prosecutors to take strong action to deal with suchbehaviour. Some commentators have advocated that all marches of this type should bebanned. We do not believe that this is appropriate but minor infractions in the contextof such marches can have a disproportionate effect and clear warnings of intent to dealwith infractions should be made clear to the organisers and the public.

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4.01 We are pleased to recognise that many organisations in Scotland are actively workingto embrace diversity and counter manifestations of religious hatred.

GOVERNMENT4.02 The Scottish Executive has made it clear that they will not tolerate discrimination,

harassment or abuse because of someone’s gender, marital status, age, sexualorientation, disability, skin colour, ethnic origin or cultural or religious background. Theyhave said they are determined to tackle discrimination and to foster respect for thediversity of the people of Scotland. For example, they have included provisions inseveral Scottish Bills which require public bodies to undertake their functions in a waywhich encourages equal opportunities within the terms of the Scotland Act 1998. Thisincludes the prevention, elimination or regulation of discrimination on various grounds,including “beliefs or opinions, such as religious beliefs or political opinions”.

Religious Discrimination

4.03 The UK Government agreed the Article 13 European Employment Directive in October2000 (see para 1.07 above). To meet the terms of this Directive, UK legislation to outlawdiscrimination in the workplace and in training on the grounds of religion must be inplace by autumn 2003. The Department of Trade and Industry is in the lead on this andis working closely with the Scottish Executive.

Funding for improved security at sites of ethnic minority communityworship

4.04 Following the events of 11 September 2001 in the United States, the Scottish Executiveannounced funding for heightened security measures to protect worshippers at 47 sitesof ethnic minority community worship, as well as some mobile CCTV projects, with atotal expected spend of £988,240. The work is ongoing. The places of worshipcomprise mosques, synagogues, temples and two locations used by asylum seekers inGlasgow.

Scottish Executive Ethnic Minority Research Programme

4.05 The Scottish Executive is developing a broad Ethnic Minority Research Programme tofurther its commitment to promote equality of opportunity and social justice for all.As part of its work on identity and ethnicity classification, it plans to consider issuesaround religion.

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EXISTING INITIATIVES TO PROMOTERESPECT AND TACKLE RELIGIOUS HATRED

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SCHOOLS4.06 Schools are at the heart of preparing young people to live in a multicultural and

inclusive society and to play a full and satisfying part in adult society. Increasing socialinclusion is one of the important aims of all schools. We need to make sure thatchildren have the chance to learn about diversity and practise respect at an early age.

The School Curriculum

4.07 In Scotland the curriculum is not prescribed by statute: its delivery is a matter forschools and local authorities. The Scottish Executive Education Department andLearning and Teaching Scotland provide guidance, advice and assistance to localauthorities and schools. The guidance seeks to ensure that the curriculum securesbreadth, balance and continuity and progression for all pupils. There are 5-14Curriculum Guidelines for Religious and Moral Education. These state that it isimportant that while recognising the role of Christianity as the major religious traditionin Scotland, pupils should be encouraged to develop understanding of, and respect for,people of other faiths and people who adapt a non-religious stance for living. TheMinisterial Review Group on Religious Observance is currently considering the issuessurrounding Religious Observance in Scottish schools and will seek to incorporate theviews of as many interested groups as possible in its deliberations. Current plansinclude a consultation questionnaire, focus groups and meetings across various Scottishlocations. The Group plans to report in spring 2003.

4.08 In Scotland, the 5-14 Programme for pupils between those ages offers a number ofopportunities for pupils to be made aware of issues such as anti-sectarianism.Guidelines on Personal and Social Development refer specifically to learning about anddeveloping inter-personal relationships including those with the wider community.Guidelines on Religious and Moral Education also provide opportunities to learn aboutand develop moral values and attitudes in the context of relationships with others inthe community. Key features of Social Subjects within Environmental Studies include“social rules, rights and responsibilities” and “conflict and participation in decision-making in society”. We understand that this has helped primary schools to introducerelevant aspects of citizenship into their work.

4.09 The Scottish Executive works with education authorities, schools and relevant interestorganisations in taking forward a commitment to equal opportunities. All schools areadvised to have a policy on equal opportunities.

4.10 The Executive funds a number of relevant initiatives:

• the Scottish School Ethos Network which shares good practice in promoting apositive ethos in schools;

• the Anti-bullying Network which provides in-school training, a consultancy serviceto support individual schools and disseminates good practice;

• the Scottish Traveller Education Programme, which promotes inclusion ofGypsy/Traveller children in Scottish Education; and

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• the Centre for Education for Racial Equality in Scotland (CERES) which aims topromote education for racial equality within educational services in Scotland.

Standards in Scotland’s Schools Act 2000

4.11 The Act requires authorities to publish an annual statement of education improvementobjectives which includes an account of the way in which they will, in providing schooleducation, encourage equal opportunities and, in particular, the observance of theequal opportunities requirements.

4.12 Scottish Ministers set National Priorities for school education under the Act. One ofthese is: “to work with parents to teach pupils respect for self and one another andtheir interdependence with other members of their neighbourhood and society, and to teach them the duties and responsibilities of citizenship in a democratic society”.Education Authorities must develop improvement objectives for their areas: the firstversion of local authority Improvement Plans was published in December 2001. TheNational Priorities Support Pack will provide materials on how schools can promoteequality and teach children the duties and responsibilities of citizenship in ademocratic society.

RELIGIOUS and VOLUNTARY ORGANISATIONS

Church of Scotland

4.13 The Church of Scotland’s Church and Nation Committee reported to the GeneralAssembly 2002 on its study of the adverse effects of sectarianism within Scottishsociety and its recommendations for change. Although the report is limited to inter-Christian sectarianism, the Committee considered that much of what it had learnedwas readily applicable to other forms of bigotry and intolerance evident in Scottishsociety. It acknowledged that the Church’s record on sectarianism in times past was “far from blameless” and said: “Sectarianism is not someone else’s problem. It is an issuefor all of us.” In preparing its report, the Church and Nation Committee took evidencefrom many individuals and groups both secular and Church-based who recognised theeffects of sectarianism in Scottish society and are working in different ways to counterit. The Committee has made a number of recommendations for action to tacklesectarianism: for the Church as a whole, for congregations and for individual members.The recommendations lay emphasis on working with, and learning from, otherorganisations. They are reproduced in Annex C. The full text of the Church and NationReport can be found in the General Assembly 2002 report, which may be downloadedfrom the Web at:

http://www.churchofscotland.org.uk/boards/churchnation/churchnationreport.htm

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Nil By Mouth

4.14 Nil By Mouth is a charity which aims to challenge sectarian behaviour and ultimately toreduce the threat of sectarian violence itself. In its Charter for Change, Nil by Mouthcalls on organisations, including the Scottish Executive, local authorities, churches,employers and football clubs, to promote non-sectarianism. It also calls on the ScottishParliament to change the law so sentences can be increased for anyone convicted of anoffence aggravated by sectarian behaviour. The Charter is reproduced at Annex D.

4.15 The Scottish Executive has recently awarded Nil By Mouth funding of £25,000 for eachof three years beginning 2002. The funding will assist the organisation to raiseawareness amongst children and young people of the problems of sectarianism andbigotry within Scottish society, thereby making a useful contribution to education forcitizenship in schools and other youth groups.

SPORT

sportscotland

4.16 sportscotland is developing a structure for delivering ethics for Scottish governingbodies of sport to adopt. The aim is to create an atmosphere which encourages andsupports governing bodies in addressing issues such as discrimination whether ongrounds of sex, race, colour or religion. This programme takes a broad-based approachby addressing not only religious or other forms of discrimination, but equity andequality issues generally including fair play, anti-doping, child protection and access forall wherever they live and whatever their background and personal circumstances.

The Scottish Football Association

4.17 The SFA’s Memorandum and Articles of Association set out its objects which includepromoting, fostering and developing football in all its branches “without discriminationagainst any organisation or person for reasons of race, religion or politics”. The SFA’sannual report for 2001-02 noted that “the dual function of addressing racism andbigotry has been progressed positively through the medium of football, and the SFAwill continue to highlight the importance of these campaigns in educating youngpeople so that, eventually, all forms of racist and sectarian behaviour can be eliminatedfrom the Scottish game”. The report also stated that Scottish clubs had worked hard tocombat sectarianism and, although progress was slow, there were signs of improvementin attitudes and behaviour, particularly because the clubs were taking the initiative tocondemn sectarianism.

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4.18 The Scottish Football Association is introducing a National Club Licensing Scheme. Itintends to assess clubs in the Scottish Premier League and in the Scottish FootballLeague First Division for their licences in the current season 2002-2003. It intends toassess the remaining Scottish Football League clubs in 2003-2004. We understand thatamongst other things, the scheme places a responsibility on clubs to provide evidenceof a clear policy against racism and sectarianism and for the policy to be incorporatedin supporters’ charters.

Sense Over Sectarianism

4.19 Sense Over Sectarianism is a joint initiative, launched on 11 October 2001, which hasbrought together the Old Firm, Glasgow City Council, Nil By Mouth, the CatholicChurch and the Church of Scotland in a concerted effort to tackle the problem.Funding of £420,000 was granted by the Millennium Commission to help this initiativemake a positive impact across the city of Glasgow. The scheme’s purpose is to makegrants available to individuals who come up with innovative ideas about tackling someaspect of sectarianism. A co-ordinator promotes the scheme, supports applications andfacilitates the assessment process. The initiative has granted funds to several innovativeprogrammes. These are not restricted to “traditional” sectarianism; some projectsspecifically deal with recognition of, and respect for, the various religious and culturaltraditions of people living in Glasgow.

Celtic Football Club

4.20 Celtic Football Club has been involved in a number of anti-bigotry initiatives, includingits social charter (code of behaviour) which is used in educating youth supporters andwhich anyone who has caused trouble at a match must sign. A further breach of thecode means dismissal from the ground and being barred from attendance at games. TheBhoys Against Bigotry Campaign was launched at Celtic Park in June 1997. Celtic FC isalso involved in the “Sense over Sectarianism” awards outlined above.

Rangers Football Club

4.21 Rangers Football Club, in partnership with the Education Support Service, devised aReady to Learn package for Glasgow schools. It is a programme of curricular andPersonal and Social Education activities designed to support and complement the workof schools by providing a range of stimulus materials within a football/sport context,challenging sectarianism and bigotry. Rangers FC is also involved in the “Sense overSectarianism” awards outlined above.

18

Scottish Professional Footballers’ Association

4.22 The “Score Goals” development programme is a pilot youth scheme being developedby the Scottish Professional Footballers’ Association in partnership with Glasgow City Council. It aims to use football as a “hook” to promote active citizenship. It is a community partnership programme developed to help divert children from drugs,crime and truancy through the medium of football. It is aimed at 12-15 year olds, mainly boys, but girls are not excluded. If successful with a football focus, the projectco-ordinators aim to expand the project to include other sports/activities (especiallynon-competitive inclusive activities aimed at girls such as aerobics). Partners involved in the programme are Glasgow City Council Cultural and Leisure Services, Glasgow CityCouncil DRS Community Safety Partnership, Glasgow City Council Education Services,Scotland Against Drugs and Strathclyde Police. Partick Thistle and Queens Park FootballClubs are also giving aid in kind. The Director of Education and Chief Constable haveboth given their support to the project.

19

5.01 We have set out in Chapter 2 the issues and have detailed in Chapter 4 currentinitiatives to promote respect and tackle religious hatred. Modern Scotland has noplace for narrow-minded religious bigotry and we commend all those people who areworking together to promote diversity and respect.

5.02 At our first meeting, after agreeing our remit, we agreed that our work should focus onthe following questions:

– Is further legislation required in Scotland and, if so, how might such legislation workin practice to provide protection both between religions and in the sectariancontext?

– Would such legislation make it significantly easier than at present for the police,prosecutors and the courts to pursue cases involving religious hatred and punishoffenders?

– Should any legislation cover incitement to religious/sectarian hatred or should it berestricted to providing a statutory aggravation for existing offences?

– Could pro-active non-legislative initiatives (such as further/revised guidance fromthe Lord Advocate) deliver the same message of reassurance and deterrence withoutthe potential legislative and enforcement difficulties?

Below we set out our deliberations on each of these questions in turn.

Is further legislation required in Scotland and, if so, how might this legislationwork in practice to provide protection both between religions and in the sectariancontext?

5.03 There are many good arguments in favour of legislation. There is certainly a perceptionthat the arrangements we currently have in Scotland are not providing adequateprotection against crimes involving religious hatred. The main arguments which havebeen put forward in favour of legislation are as follows:

• it would send out a clear signal that Scotland will not tolerate religious or sectarianhatred;

• it would be a way for the Scottish Parliament to take a meaningful role in fightingreligious hatred;

• it would focus attention on the issue and might therefore strengthen the effect ofeducational and administrative measures;

• it would bring the law on offences motivated by religious or sectarian hatred moreinto line with racially-motivated offences and more into line with the law inEngland and Wales – the lack of such a law could be seen as condoning religious orsectarian hatred;

• it would strengthen the arm of the police and football clubs in dealing firmly withany trouble arising from sectarian marches or football matches;

• it would trigger the keeping of statistics on the subject;

• it would oblige judges to show greater consistency in sentencing;

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THE WAY FORWARD:CONCLUSIONS ANDRECOMMENDATIONS

chap

ter

5

• it is advocated by some religious groups from both Christian and non-Christianfaiths; and

• it is advocated by a number of organisations with experience in this field includingCRE as a member of the group and Nil By Mouth who presented evidence.

5.04 Common law in Scotland already covers assaults and abusive, insulting or threateningbehaviour. It also allows for religious hatred as an aggravating factor to such offenceswhen considering sentence. Where cases are prosecuted on indictment, the maximumpenalty for common law offences is life imprisonment. On the face of it, the existenceof these provisions would seem to argue against the need for new legislation providedthey are used regularly. There is, however, inadequate evidence to enable us to make ajudgement as to whether the common law is effective and some of the Group werestrongly in favour of new legislation. On balance, with some members reserving theirposition, it was agreed that the current legal framework needs adjustment in order toensure that any element of religious or sectarian hatred in any particular crime isalways recorded, so that offences are prosecuted in a consistent manner. The Groupwere unanimously agreed that whilst there is anecdotal evidence about the use of theexisting law it is essential that detailed statistics of cases involving religious or sectarianhatred are properly kept and made available. We do not think that legislation can beeffective without the cultural and attitude change that is required to eradicate religioushatred and prejudice from our society but we can see strong arguments in favour oflegislation when a suitable opportunity becomes available, as part of a package ofother measures.

Would such legislation make it significantly easier than at present for the police,prosecutors and the courts to pursue cases involving religious hatred and punishoffenders?

5.05 Participants from the Association of Chief Police Officers in Scotland and from theCrown Office both told us that, in their view, legislation on the lines proposed would,in practice, make their pursuit of offences involving religious hatred more difficult. Thepolice doubted whether new legislation would be workable or enforceable incircumstances such as a large crowd situation. The Crown Office pointed to thedangers of a statutory offence paradoxically leading to fewer convictions than thepresent arrangement, as it would be more difficult to prove a statutory aggravationthan an existing offence at common law. Much time in court could be spent arguing forexample whether certain verbal expressions fell within the definition of a statutoryoffence. Much time could also be spent arguing about the definition of “religion”, andhow far it might cover various personal philosophies. At present the courts do not haveto consider such matters when determining a person’s guilt but instead can take thecircumstances into account when imposing sentence. We recognise the force of thesearguments, but we consider that legislation would provide much needed clarity aboutthe seriousness with which the law views offences motivated by religious hatred andwould also facilitate the keeping of the records and statistics required to monitor theeffectiveness of the law. Furthermore there was a serious lack of evidence that thepresent law was demonstrably taking into account sectarian and religious hatredaspects of offences.

21

Should any legislation cover incitement to religious/sectarian hatred or should itbe restricted to providing a statutory aggravation for existing offences?

5.06 We heard arguments which favoured legislation covering incitement to religious hatred,in terms of sending a signal and protecting faith communities. One of our number wasparticularly in favour of legislation on incitement. However, we believe there could beparticular problems relating to freedom of speech under legislation coveringincitement to religious hatred. A law against incitement to religious hatred couldconceivably be used to prevent public preaching that the adherents of other faithswere in error. A law against incitement to religious hatred might also hinder peoplefrom discussing openly their concerns about particular religious practices that theymight regard as harmful, whether within their own or another faith. We thereforeconcluded that no specific offence of incitement should be proposed.

5.07 Religion may be different from race in that people have a choice about what theybelieve and the actions they take as a result of those beliefs. Where an individualbelieves that any other particular set of beliefs is flawed and the adherents of thatreligion are in error, we are of the view that such an individual should be able to say sowithout fear of a law on incitement to religious hatred. Too forceful an expression ofviews, for example an incident involving threatening behaviour, could still beprosecuted as a breach of the peace under common law. We believe this would be theright approach rather than making religious incitement itself an offence. The samecriticism could not, however, be levelled against a statutory religious aggravation of theexisting range of offences.

Could pro-active non-legislative initiatives (such as further/revised guidance fromthe Lord Advocate) deliver the same message of reassurance and deterrencewithout the potential legislative and enforcement difficulties?

5.08 As a Group, we feel that there is a great deal which could and should be done whetheror not there is legislation to deliver a strong message of reassurance and deterrence. Inthe context of the criminal law, we believe that the police should always record anyevidence of religious motivation or hatred when an offence is alleged. We also believethat prosecutors should always bring this matter to the attention of the court.

5.09 In light of our detailed consideration of the issues involved, we believe that there is astrong case for some form of legislation to ensure that aggravation based on religiousprejudice is taken into account when sentencing the accused. However, we also believestrongly that legislation should form part of a package with other measures todiscourage the expression of religious hatred. Without a package of enforcementmeasures, as well as situational and social prevention, legislation alone is unlikely tohave much effect. We would therefore recommend the following to the Executive andother bodies.

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Recommendation 1

The Lord Advocate should issue up-to-date detailed guidelines to the police on theirhandling of alleged offences, including specific consideration of any motivation ofreligious hostility, to ensure that any element of religious motivation or hatred is fullyrecorded in their report to the Procurator Fiscal.

Recommendation 2

The Crown Office should update its guidelines to prosecutors to ensure that anyreligious elements in an offence are brought before the court and are not withdrawn inreturn for an accused agreeing to plead guilty to a lesser offence during pleanegotiation.

Recommendation 3

The Crown Office should establish suitable methods to record the incidence ofreligious motivation in offences prosecuted and the outcome of each case (includingwhether the accused was convicted and the sentence received).

Recommendation 4

Religious hatred is a complex problem, enmeshed as it can often be in a mixture ofcultural, political, historical and racial identities. The Scottish Executive shouldcommission research which will provide a statistical and descriptive baseline ofincidents of religious and sectarian hatred and which can set this within the widercontext of hate crime and violence more generally. Any such research should be able tofollow cases through the criminal justice system, from reporting to the police todisposal in the courts. It would be essential that any such research should seek tounderstand the motivation of offenders and the impact on their victims in order toinform future initiatives designed to combat religious hatred. Research should also becommissioned into contemporary sectarianism to augment the historical researchalready available and to provide information as to which approaches to tackling theseproblems might be effective. Additionally all projects and programmes designed toreduce sectarian attitudes should be the subject of evaluation so that best practice canbe spread rapidly and effectively.

23

Football-related Sectarianism

5.10 Football clubs and the Scottish Football Association are independent of the Scottishadministration and they have commercial as well as sporting objectives. Football clubshave already begun to demonstrate their willingness to think constructively aboutsectarianism. With the support of the other measures outlined in this report, we hopethat they can accept and act on the following recommendations.

Recommendation 5

In their licensing scheme, the Scottish Football Association should not only make it acondition of licence that clubs have policies against sectarian behaviour but also thatthe clubs take steps vigorously to enforce those policies at matches. Failure to do soshould carry penalties up to, and including, the loss of a licence. Clubs should berequired to report on the measures and the effectiveness of measures in tacklingsectarianism. The police, in liaising with the clubs and the SFA, should also report onthese matters.

Recommendation 6

Football clubs should take specific action against supporters indulging in insultingsectarian behaviour, for example by excluding them from the ground for one or morematches through the confiscation of season tickets or reducing seat allocations tosupporters’ clubs where a member of that club has behaved in an unacceptable way. Inliaison with the police, clubs should take steps to ensure increased effectiveness ofmonitoring and subsequent discipline of supporters who use sectarian behaviour ataway matches. The clubs should publicise the numbers of people who have beenwarned or suspended or banned from matches as the result of unacceptable behaviourand the names of those banned as a result of such behaviour.

Recommendation 7

The police, Procurators Fiscal and football clubs should share information in order toidentify and deal with those supporters who are charged with or convicted of offencesat or near football grounds including those involving an element of religious hatred. In particular, the police should, as soon as is practicable, inform a supporter’s homeclub if they arrest that supporter for such an offence. Procurators Fiscal should inform a supporter’s home club of any action that is being taken against the supporter. If afootball supporter is convicted of any offence committed in the context of a footballmatch, then the Sheriff Clerk should inform that supporter’s home club at the time ofconviction.

24

Recommendation 8

Given the evidence of lower levels of offending of all forms when Old Firm matchesare held with an early start this should, as far as possible, become the norm.

Recommendation 9

The Group was advised that the availability of sectarian material for sale outsidefootball grounds adds to provocation. All local authorities should therefore licenceStreet Traders and should use their powers to attach conditions to such licencespreventing street traders from selling any offensive sectarian material in the context of football matches. The police should monitor the adherence of street traders to theterms of their licence and report any breaches to the local authority who should act by suspension of licence.

5.11 We believe that, in the long term, education and debate must help to loosen the holdof religious hatred on individuals and communities. In the meantime, we believe thatthose agencies which have to deal with the manifestations of religious hatred mustapproach the problem together. It is also vital that there is an ongoing forum toevaluate the success of the measures outlined in our recommendations.

Recommendation 10

The police, the Crown Office, the Scottish Executive, local authorities, relevantvoluntary organisations, the Scottish Football Association and the Old Firm clubsshould join together at senior level to co-ordinate and monitor a continuing responseto religious hatred as it affects their individual responsibilities. They should developpolicies to spotlight and target religious intolerance. They should also evaluate theprogress and effectiveness of the work undertaken in response to ourrecommendations. This Group should provide the Scottish Executive with a snapshotreport after a year. This report should be presented to the Scottish Parliament.

Recommendation 11

The co-ordinating group should seek to encourage, sponsor and evaluate projectprogrammes and research designed to change sectarian and other aspects of religioushatred.

Recommendation 12

Following the evaluation of the current advertising campaign promoting a tolerantsociety the Scottish Executive should consider a campaign to promote a Scotland freefrom religious hatred.

25

This annex contains the relevant statutory provisions.

Extract from the Anti Terrorism Crime And Security Act 2002(the following provisions in this Act do not apply to Scotland)

Religiously-aggravated offences

39 (1) Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out insubsections (2) to (6).

(2) In the cross-heading preceding section 28 for “Racially-aggravated” substitute“Racially or religiously aggravated”.

(3) In section 28 (meaning of racially aggravated)–

(a) in the sidenote and subsection (1) for “racially aggravated” substitute “racially orreligiously aggravated”;

(b) in subsections (1) and (2) for “racial group” substitute “racial or religious group”;

(c) in subsection (3) for the words from “on” to the end of the subsectionsubstitute “on any other factor not mentioned in that paragraph”,

(4) In section 28 after subsection (4) insert–

“(5) In this section ‘religious group’ means a group of persons defined by reference toreligious belief or lack of religious belief.”

(5) In each of the provisions listed in subsection (6)–

(a) in the sidenote for “Racially-aggravated” substitute “Racially or religiouslyaggravated”;

(b) in subsection (1) for “racially aggravated” substitute “racially or religiouslyaggravated”.

(6) The provisions are–

(a) section 29 (assaults);

(b) section 30 (criminal damage);

(c) section 31 (public order offences);

(d) section 32 (harassment etc.).

(7) In section 153 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)(increase in sentences for racial aggravation)–

(a) in the sidenote for “racial aggravation” substitute “racial or religiousaggravation”;

(b) in subsection (1) for the words from “racially-aggravated assaults” to the end ofthe subsection substitute “racially or religiously aggravated assaults, criminaldamage, public order offences and harassment etc.).”;

(c) in subsections (2) and (3) for “racially aggravated” substitute “racially orreligiously aggravated”.

(8) In section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) (arrestableoffences) in paragraph (p) (offences falling within section 32(1)(a) of the Crime andDisorder Act 1998) for “racially-aggravated” substitute “racially- or religiously-aggravated”.26

THE ANTI TERRORISM CRIME ANDSECURITY ACT 2001 AND THE CRIME ANDDISORDER ACT 1998

Ann

ex A

Extract from the Crime and Disorder Act 1998 (as amended)(Sections 28-32 do not apply to Scotland but are included for the sake of comparison. Thesquare brackets indicate the effects of amendments.)

28. (1) An offence is [racially or religiously aggravated ] for the purposes of sections 29 to 32 below if–

(a) at the time of committing the offence, or immediately before or after doing so,the offender demonstrates towards the victim of the offence hostility based onthe victim’s membership (or presumed membership) of a [racial or religiousgroup]; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a[racial or religious group] based on their membership of that group.

(2) In subsection (1)(a) above–“membership”, in relation to a [racial or religious group], includes association withmembers of that group;“presumed” means presumed by the offender.

(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) abovewhether or not the offender’s hostility is also based, to any extent, [on any otherfactor not mentioned in that paragraph.]

(4) In this section “racial group” means a group of persons defined by reference to race,colour, nationality (including citizenship) or ethnic or national origins.

29. (1) A person is guilty of an offence under this section if he commits–

(a) an offence under section 20 of the Offences Against the Person Act 1861(malicious wounding or grievous bodily harm);

(b) an offence under section 47 of that Act (actual bodily harm); or

(c) common assault,which is [racially or religiously aggravated] for the purposes of this section.

(2) A person guilty of an offence falling within subsection (1)(a) or (b) above shall beliable–

(a) on summary conviction, to imprisonment for a term not exceeding six months orto a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding sevenyears or to a fine, or to both.

(3) A person guilty of an offence falling within subsection (1)(c) above shall be liable–

(a) on summary conviction, to imprisonment for a term not exceeding six monthsor to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding twoyears or to a fine, or to both.

27

30. (1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [racially or religiously aggravated] for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable–


(b) on conviction on indictment, to imprisonment for a term not exceedingfourteen years or to a fine, or to both.

(3) For the purposes of this section, section 28(1)(a) above shall have effect as if theperson to whom the property belongs or is treated as belonging for the purposesof that Act were the victim of the offence.


(a) an offence under section 4 of the Public Order Act 1986 (fear or provocation ofviolence);

(b) an offence under section 4A of that Act (intentional harassment, alarm ordistress); or

(c) an offence under section 5 of that Act (harassment, alarm or distress),which is [racially or religiously aggravated] for the purposes of this section.

(2) A constable may arrest without warrant anyone whom he reasonably suspects tobe committing an offence falling within subsection (1)(a) or (b) above.

(3) A constable may arrest a person without warrant if–

(a) he engages in conduct which a constable reasonably suspects to constitute anoffence falling within subsection (1)(c) above;

(b) he is warned by that constable to stop; and

(c) he engages in further such conduct immediately or shortly after the warning.

The conduct mentioned in paragraph (a) above and the further conduct need not be ofthe same nature.

(4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall beliable–



(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable onsummary conviction to a fine not exceeding level 4 on the standard scale.

28

(6) If, on the trial on indictment of a person charged with an offence falling withinsubsection (1)(a) or (b) above, the jury find him not guilty of the offence charged,they may find him guilty of the basic offence mentioned in that provision.

(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effectas if the person likely to be caused harassment, alarm or distress were the victim ofthe offence.


(a) an offence under section 2 of the Protection from Harassment Act 1997(offence of harassment); or

(b) an offence under section 4 of that Act (putting people in fear of violence),

which is [racially or religiously aggravated] for the purposes of this section.

(2) In section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there shallbe inserted–

“(p) an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998(racially-aggravated harassment);”.

(3) A person guilty of an offence falling within subsection (1)(a) above shall be liable–



(4) A person guilty of an offence falling within subsection (1)(b) above shall be liable–


(b) on conviction on indictment, to imprisonment for a term not exceeding sevenyears or to a fine, or to both.

(5) If, on the trial on indictment of a person charged with an offence falling withinsubsection (1)(a) above, the jury find him not guilty of the offence charged, theymay find him guilty of the basic offence mentioned in that provision.

(6) If, on the trial on indictment of a person charged with an offence falling withinsubsection (1)(b) above, the jury find him not guilty of the offence charged, theymay find him guilty of an offence falling within subsection (1)(a) above.

(7) Section 5 of the Protection from Harassment Act 1997 (restraining orders) shall haveeffect in relation to a person convicted of an offence under this section as if thereference in subsection (1) of that section to an offence under section 2 or 4included a reference to an offence under this section.

29

(Section 33 applies to Scotland.)

Racially-aggravated offences: Scotland

Racially-aggravated offences

33. After section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995 there shall beinserted the following section–

Racially-aggravated harassment

Racially-aggravated harassment

50A. (1) A person is guilty of an offence under this section if he–

(a) pursues a racially-aggravated course of conduct which amounts to harassmentof a person and–

(i) is intended to amount to harassment of that person; or

(ii) occurs in circumstances where it would appear to a reasonable person thatit would amount to harassment of that person; or

(b) acts in a manner which is racially aggravated and which causes, or is intended tocause, a person alarm or distress.

(2) For the purposes of this section a course of conduct or an action is raciallyaggravated if–

(a) immediately before, during or immediately after carrying out the course ofconduct or action the offender evinces towards the person affected malice andill-will based on that person’s membership (or presumed membership) of a racialgroup; or

(b) the course of conduct or action is motivated (wholly or partly) by malice andill-will towards members of a racial group based on their membership of thatgroup.

(3) In subsection (2)(a) above–

“membership”, in relation to a racial group, includes association with members of thatgroup;

“presumed” means presumed by the offender.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) abovewhether or not the offender’s malice and ill-will is also based, to any extent, on–

(a) the fact or presumption that any person or group of persons belongs to anyreligious group; or

(b) any other factor not mentioned in that paragraph.

(5) A person who is guilty of an offence under this section shall–

(a) on summary conviction, be liable to a fine not exceeding the statutorymaximum, or imprisonment for a period not exceeding six months, or both suchfine and such imprisonment; and

30

(b) on conviction on indictment, be liable to a fine or to imprisonment for a periodnot exceeding seven years, or both such fine and such imprisonment.

(6) In this section–

“conduct” includes speech;

“harassment” of a person includes causing the person alarm or distress;

“racial group” means a group of persons defined by reference to race, colour,nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions.

(Section 96 applies to Scotland)

Offences racially aggravated

96. (1) The provisions of this section shall apply where it is –

(a) libelled in an indictment; or

(b) specified in a complaint,

and, in either case, proved that an offence has been racially aggravated.

(2) An offence is racially aggravated for the purposes of this section if –

(a) at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice andill-will based on the victim’s membership (or presumed membership) of a racialgroup; or

(b) the offence is motivated (wholly or partly) by malice and ill-will towardsmembers of a racial group based on their membership of that group,

and evidence from a single source shall be sufficient evidence to establish, for thepurposes of this subsection, that an offence is racially aggravated.

(3) In subsection (2)(a) above–“membership”, in relation to a racial group, includes association with members ofthat group;“presumed” means presumed by the offender.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) abovewhether or not the offender’s malice and ill-will is also based, to any extent, on –

(a) the fact or presumption that any person or group of persons belongs to anyreligious group; or

(b) any other factor not mentioned in that paragraph.

(5) Where this section applies, the court shall, on convicting a person, take theaggravation into account in determining the appropriate sentence.

(6) In this section “racial group” means a group of persons defined by reference to race,colour, nationality (including citizenship) or ethnic or national origins.

31

We invited representatives of various faiths to participate in one of our meetings, in May 2002.We recognised that it was not practical to seek representation from all Scotland’s faiths. Wetook the advice of the Scottish Churches Parliamentary Officer, the Scottish Inter Faith Counciland Action of Churches Together in Scotland to ensure the broadest possible level ofrepresentation while ensuring that numbers were manageable. We hope to gather the views ofthe wider religious “constituency” during the consultation on this report. The followingindividuals were invited to attend in May:

Mr Graham Blount, Scottish Churches Parliamentary Officer

Mr Ephraim Borowski, Convenor of the Scottish Council of Jewish Communities

Sister Isabel Smyth, Secretary, Scottish Inter Faith Council

Ms Maggie Lunan, Church of Scotland, Church and Nation Committee

Mrs Serwan Bhogal, Scottish Sikh Women’s Association

Mr Jeremy Balfour, Evangelical Alliance, Scotland

Mr Tim Duffy, Acting National Secretary, Roman Catholic Justice & Peace Commission

Dr Anwar, Central Mosque, Glasgow

Imam Abdul Ghafoor, Central Mosque, Glasgow

Mr John Deighan, Roman Catholic Parliamentary Officer, and the President of the HinduTemple, Edinburgh, were invited but were unable to attend.

32

PARTICIPATION OF FAITHREPRESENTATIVES

Ann

ex B

Summary of Recommendations

1 That the Church of Scotland signifies the seriousness of its rôle in eliminatingsectarianism by initiating the setting up of a working group along with the RomanCatholic Justice and Peace Commission to:

• research, document and communicate good models of practice;

• act as a point of contact for those seeking resources, human and material;

• offer creative additions to the established patterns of ecumenical activity.

2 That all congregations in Scotland commit their full support to those who are workingto combat sectarianism and dissociate themselves from any who would seek toundermine this work.

3 That congregations set up working groups to consider the issue of sectarianism in thecircumstances of their own community. [The Report recommends that they givespecific consideration to the Nil By Mouth Charter as a way of encouraging eachmember to fulfil their personal responsibility to tackle sectarianism and feedback theirfindings to the working group outlined in paragraph 1 above.]

4 That we must each search our own conscience and examine any reluctance to embracethe diversity of faiths and cultures which enrich Scottish society today.

33

RECOMMENDATIONS OF THE CHURCH OF SCOTLAND CHURCH AND NATIONCOMMITTEE REPORT (2002) ON SECTARIANISM

Ann

ex C

Sectarianism, racism, and bigotry have no place in modern Scotland.

Everyone’s religious beliefs should be respected and cultural diversity should be celebrated.

Everyone should take responsibility for the language they use and the way they behave.

In addition, we want:

• The Scottish Executive and Local Authorities to promote anti-sectarianism throughout theeducation system

• Rangers and Celtic football clubs to agree and announce measurable targets for reducingsectarian behaviour amongst their supporters

• Employers to make clear in their recruitment, employment processes they do not tolerateany form of sectarianism or bigotry

• Voluntary organisations, sports clubs, public bodies and businesses to include acommitment to non-sectarianism in their constitutions/mission statements andapplication/registration forms

• The Scottish Parliament to change the law so that sentences can be increased for anyonecommitted of an offence aggravated by sectarian behaviour

• Churches to preach a strong anti sectarian message and work together in partnership acrossthe diversity of faiths followed in Scotland.

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Ann

ex D

NIL BY MOUTH CHARTER FOR CHANGE

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9 780755 905942

I S B N 0 - 7 5 5 9 - 0 5 9 4 - 6

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This report can also be viewed on the Scottish Executive website atwww.scotland.gov.uk

Astron B27527 11/02

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