| The Stephen Lawrence Inquiry | |||
CHAPTER FORTY-FIVE PART TWO OF THE INQUIRY 45.1 Part 2 of the Inquiry was aimed at the second part of our Terms of Reference. We sought to gather information and opinions in order to help us to make recommendations as to the "investigation and prosecution of racially motivated crimes". 45.2 The first step taken was the collection of written material and suggestions from a large number of individuals and organisations. During the summer and autumn of 1998 we received many carefully prepared and helpful documents. The names and particulars of all those who co-operated in this exercise are set out in the Appendices to this Report. It would be truly impossible to try to summarise the large volume of material which has been before us, and which we have digested during the past months. We are most grateful to all who contributed to this part of the Inquiry. Literally thousands of suggestions reached us. Every contribution has been considered. 45.3 Between 24 September and 7 October 1998 we conducted public hearings at Hannibal House. Again many individuals and organisations provided evidence for us, and they are listed in the Appendices. We were able to question the teams taking part, and we obtained much valuable information and assistance. All that was said has been transcribed, and is available both to the public and to those who will carry forward the impetus provided by this Inquiry. 45.4 The hearings in London were followed by public hearings between 8 October and 13 November at:- Ealing/Southall Manchester Tower Hamlets Bradford Bristol Birmingham. Again all the evidence received was transcribed. The names of the witnesses and the organisations which they represented are set out in the Appendices to this Report. 45.5 At each hearing the Chairman indicated at the outset that the objective was to gather information and opinions from a broad cross-section of people to inform the recommendations which we would ultimately make, and to "take the temperature" of the community and of the Police and other agencies. 45.6 It soon became apparent that a narrow interpretation of our terms of reference would have been pointless and counterproductive. Wherever we went we were met with inescapable evidence which highlighted the lack of trust which exists between the police and the minority ethnic communities. At every location there was a striking difference between the positive descriptions of policy initiatives by senior police officers, and the negative expressions of the minority communities, who clearly felt themselves to be discriminated against by the police and others. We were left in no doubt that the contrast between these views and expressions reflected a central problem which needs to be addressed. 45.7 We are most conscious that the Inquiry is not a commission into race relations generally. Nor could we, as many would have wished, contemplate the full investigation of other individual cases. However, the atmosphere in which racist incidents and crimes are investigated must be considered since that will condition the actions and responses which may follow. That atmosphere was strongly voiced in the attitude of those who came to our hearings. In the words of David Muir, representing senior Black Church Leaders "the experience of black people over the last 30 years has been that we have been over policed and to a large extent under protected". That theme was heard wherever we went. It was also echoed by a simple but eloquent and clearly heartfelt plea which occurred and reoccurred with frequency and force at every location: "Please treat us with respect". STOP AND SEARCH 45.8 If there was one area of complaint which was universal it was the issue of "stop and search". Nobody in the minority ethnic communities believes that the complex arguments which are sometimes used to explain the figures as to stop and search are valid. In addition their experience goes beyond the formal stop and search figures recorded under the provisions of the Police and Criminal Evidence Act, and is conditioned by their experiences of being stopped under traffic legislation, drugs legislation and so called 'voluntary' stops. It is not within our terms of reference to resolve the whole complex argument on this topic. Whilst there are other factors at play we are clear that the perception and experience of the minority communities that discrimination is a major element in the stop and search problem is correct. 45.9 In the 1998 statistics on race and the criminal justice system, commended both by the Home Secretary and Lord Justice Rose, the figures for 1997/98 show that "black people were, on average, five times more likely to be stopped and searched by the police than white people. The use of these powers for Asians and other ethnic groups varied widely." Black people are also "more likely to be arrested than white or other ethnic groups". There is no doubt that for the minority communities the formal statistics are the tip of an iceberg. If all the other stops under additional legislation were recorded it is clearly felt that discrimination would be even more evident. 45.10 It is pointless for the police service to try to justify the disparity in these figures purely or mainly in terms of the other factors which are identified. The majority of police officers who testified before us accepted that an element of the disparity was the result of discrimination. This must be the focus of their efforts for the future. Attempts to justify the disparities through the identification of other factors, whilst not being seen vigorously to address the discrimination which is evident, simply exacerbates the climate of distrust. RACIST INCIDENTS 45.11 According to the same statistics referred to above the number of racist incidents rose 6% in 1997/98 to 13,880. This may reflect better recording and reporting of such incidents, since some services have clearly identified the need to increase confidence to achieve this and have addressed it as a priority. The fact remains that the number of incidents is undoubtedly in excess of these figures. The information repeatedly given to us at our public hearings was of distrust and dissatisfaction with the police and other agencies in the investigation of such incidents leading to a disinclination to report. The allegation is that the Police Service and other agencies regularly ignore and belittle such incidents. Over and over again we were told that black victims reporting such incidents were "turned into" perpetrators, and that the "white" version of such incidents was all too readily accepted by police officers and others. 45.12 The consistent message given to us was that the police and other agencies did not or would not realise the impact of less serious, non-crime incidents upon the minority ethnic communities. Their collective experience was of senior officers adopting fine policies and using fine words, but of indifference on the ground at junior officer level. The actions or inactions of officers in relation to racist incidents were clearly a most potent factor in damaging public confidence in the Police Service. HOUSING AND EDUCATION 45.13 The same message was consistent and clear in relation to the complaints of minority ethnic communities in the field of housing and education. There were some examples of developing good practice. In the housing field we heard of the use and development of up-to-date tenancy conditions, and the prompt application of legislation designed to deal with racist tenants. In the field of education we heard of some enlightened development of anti-racist policies. But too often housing departments were seen to be slow and bureaucratic in their response to racist behaviour. 45.14 The evidence we had earlier heard about the racist attitudes of very young children was often confirmed during our public hearings. The consistent concern was that, as in the Police Service, there was a divide between policy and practice, rhetoric and reality. Local Education Authorities had anti-racist policies. But these policies were often not implemented. Even at Governor level schools were not inclined to "advertise" or make public racist problems which might adversely reflect upon the image of the schools. 45.15 There was a weight of opinion and concern in relation to two specific aspects of education. First the failure of the National Curriculum to reflect adequately the needs of a diverse multi-cultural and multi-ethnic society. Secondly the number of exclusions from schools which were apparently disproportionate to the ethnic mix of the pupils. RACIST INCIDENT DEFINITION 45.16 Another topic regularly addressed both in many written submissions and at public meetings was the definition of the term "racial incident". The current definition used by the Association of Chief Police Officers (ACPO) is:- "A racial incident is any incident in which it appears to the reporting or investigating officer that the complaint involves an element of racial motivation, or any incident which includes an allegation of racial motivation made by any person." This definition has been adopted by agencies other than the police, and it is right to say that it is widely used. There is positive support for its retention. On the other hand strong arguments indicated that the emphasis upon motivation was potentially confusing. Furthermore the apparent priority of the views of investigating or reporting officers was unhelpful. A significant view was that the definition should be crisper and that it should plainly be more victim oriented. Mr Crompton, Her Majesty's Inspector of Constabulary, confirmed the impression which we had formed in both parts of our Inquiry, namely that the definition was poorly understood by many officers. 45.17 We believe that the use of the words "racial" or "racially motivated" are in themselves inaccurate and confusing, because we all belong to one human race, regardless of our colour, culture or ethnic origin. When referring to crime or incidents involving racism we believe "racist" to be the appropriate adjective. Our Recommendation (12) is that the universally used definition should be: "A racist incident is any incident which is perceived to be racist by the victim or any other person". MULTI-AGENCY PARTNERSHIP 45.18 Another much canvassed topic during our meetings was the importance of and the need for genuine multi-agency partnership and co-operation to combat racism, and to bring together all sections of the community with this aim. Such partnership between the police, local Government, Housing and Education officers, Probation Officers and many others is a vital part of the necessary co-operation which is required. Again there is evidence of promising good practice. We heard of encouraging advance in Lambeth, Collyhurst (Manchester), Bristol, and elsewhere. But there is plainly a need for much more co-operation, both in directly combating racism and in the vital arrangements which must be made for the collection, recording and exchange of information between agencies. Racist incidents in schools or between tenants may provide most useful intelligence for the police, and vice versa. 45.19 When multi-agency partnership was discussed at our meetings there was much reference to the provisions of the Crime & Disorder Act 1998, and in particular those which set out the new crime prevention strategies (Sections 5-7). We share the frequently expressed view that the Act provides a timely and fresh opportunity for genuine co-operation in developing anti-racist strategy within the framework of that legislation. 45.20 A significant concern voiced to us was the harm caused by short term funding and the withdrawal of funding and support for community initiatives such as Youth Projects and local Monitoring Groups. This could reflect understandable limitation of available funding. But it may also represent a tendency of funding agencies to withdraw support from groups perceived to be confrontational. The Crime & Disorder Act strategies will provide an opportunity for agencies to agree priorities, and in so doing to ensure that available funding and support are focused so they give such local initiatives the opportunity to be effective through longer term and consistent support. Only by full co-operation will the problems of racism and racist crime be combated. There must be a "multi-stakeholder" approach involving all parts of the community (Recommendation 70). DEATHS IN CUSTODY 45.21 Next we refer to two themes much heard at our meetings. The first can loosely be termed "Deaths in Custody". We are clear that this issue is outside our terms of reference. But we cannot fail to record the depth of the feelings expressed. There is a need to address the perceptions and concerns of the minority ethnic communities in this regard. Such an issue if not addressed helps only to damage the relationship between police and public, and in its wake there is an atmosphere which hinders the investigation of racist incidents and crimes. THE COMPLAINTS SYSTEM 45.22 The second strong theme concerns what may generally be termed the complaints system. It will be no surprise that almost universally we were told that there is little confidence amongst minority ethnic communities in the present system. It may seem to some that this issue is hardly within our terms of reference. But again there is no doubt but that this lack of confidence affects adversely the atmosphere in which racist incidents and crimes have to be addressed. Some believe that more direct investigation of complaints by the Police Complaints Authority is desirable. The majority view was that the whole system needs as a matter of principle to be independent. In particular there is much unease at the regularity of investigations, particularly in serious cases, of one police service by another. We fully appreciate the cost and other implications involved, but the matter requires urgent further consideration. The importance of this public disquiet must not be underestimated. The criticism is not in any way of the Members of the PCA. It is a criticism of the method of investigation imposed upon them. Lord Scarman (The Scarman Report, 4.28) said: "I conclude that any system for considering complaints against the police which is subject to the range and weight of criticism I have heard ..... must be unsatisfactory and ineffective. Unless and until there is a system for judging complaints against the police, which commands the support of the public, there will be no way in which the atmosphere of distrust and suspicion between the police and the community can be dispelled". We echo his words in our Recommendations (55-59). THE METROPOLITAN POLICE SERVICE 45.23 We also detected a greater degree of distrust between the police and the minority ethnic communities in the MPS area than elsewhere. We are concerned that there appears to be a different measure of accountability in connection with the MPS, in comparison with other Police Services. This may be reflected in evidence heard by us which showed for example that policy was disregarded in some areas, that there was a lack of clarity in lines of command, and that AMIP teams acted as a force within a force. Furthermore presentation to us by National Police Training suggested that different standards of training pertained within the MPS compared with other Police Services. As Deputy Assistant Commissioner Osland said to us in Part 1:- "You probably know the Metropolitan Police does consider itself to be apart from most other police forces in some respects and the way we are structured encourages that sort of view ....". We believe that there is a need to bring the MPS into line with the national pattern of accountability. OVERALL 45.24 The message is uncompromising. A new atmosphere of mutual confidence and trust must be created. The onus to begin the process which will create that new atmosphere lies firmly and clearly with the police. The Police Services must examine every aspect of their policies and practices to assess whether the outcome of their actions creates or sustains patterns of discrimination. The provision of policing services to a diverse public must be appropriate and professional in every case. Every individual must be treated with respect. "Colour-blind" policing must be outlawed. The police must deliver a service which recognises the different experiences, perceptions and needs of a diverse society. 45.25 We must at the same time warn some of those who are most vociferous in their condemnation of police officers that they should guard against their own racism. Not only during our Inquiry but in general there is readiness without justification to assume and to say that because police officers are white they must be acting to the disadvantage of minority ethnic communities. Racist prejudice and stereotyping can work and be evident both ways. In the search for justice, and in the quest for better relationship between the Police Services and minority ethnic communities this must be firmly borne in mind. Racism either way must be treated with zero tolerance. 45.26 Furthermore blanket condemnation of the Police Services is both unfair and unproductive. Every day police officers all over this country show courage and dedication in what are often dangerous and challenging circumstances. We saw and heard senior and junior police officers at all our meetings who plainly wish to correct the imbalance which is apparent. Chief Officers who appeared before us acknowledge that action is necessary. Too many of those who decry the Police Services allow themselves to go beyond fair criticism. We simply say that there must be full co-operation on all sides to combat racism. Surely there must be optimism and hope that this will be achieved.
|
