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Response to the Cross-Party Working Group Report on Religious
Hatred
UNISON Scotland's response to the Cross-Party
Working Group's Report on Religious Hatred
February 2003
Executive Summary
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We look forward to the Employment Directive
(EU Council Directive 2000/78/EC) introducing legislation
prohibiting direct and indirect discrimination at work on
the grounds of age, sexual orientation, religion and belief,
and disability. UNISON Scotland is opposed to all forms of
religious hatred, including religious prejudice in the workplace.
Introduction
UNISON is Scotland's largest trade union with over
140,000 members working in the public sector in Scotland. UNISON
Scotland welcomes the opportunity to contribute to the Scottish
Executive's Cross-Party Working Group's Report on Religious Hatred.
We commend the Executive's and Glasgow City Council's formal recognition
that sectarianism continues to be a problem in Scotland. In this
Response the term "sectarianism" is used in the popular
understanding of the word, describing religious conflict rather
than religious difference. The proposal for new legislation relating
to sectarianism and other forms of religious hatred is long overdue
in Scotland. Unison also welcomes the group's recommendations for
measures to combat religious prejudice on a wider front, as legislation
alone cannot do this. Religious hatred, violence in relation to
religious intolerance, and sectarianism have not been properly addressed
as a national problem. As Jack McConnell said,
"… It is time for Scotland's secret shame
to be put in the past" (1).
Although studies have shown that it is extremely difficult
to change cultural norms. Stereotypes and cultural norms are deeply
entrenched into the subconsciousness.
"There must be mechanisms in societies which
permit the maintenance of stability in culture patterns across many
generations… History has shown cases of people who have maintained
an identity over hundreds and thousands of years, even in the face
of …sweeping changes" (2).
We agree, nevertheless, that it is necessary to send
a strong signal to the public that there is no place for bigotry
in today's Scotland. We are of the view that sectarianism and religious
hatred results in discrimination, and a continuation of inequality
of opportunity. It is rooted in the past, and like racism must be
abolished.
This paper constitutes UNISON Scotland's response
to the Cross-Party Working Group's report on Possible Legislation
to Tackle Religious Hatred in Scotland.
From the past to the present
As the Working Group's report states, "much
of Scotland's history is related to religious differences".
However religious hatred has no place in Scotland today. We acknowledge
that this is a very complex issue as there is a blurred line between
religion, culture, history, race, politics and patriotism, and it
can sometimes be difficult to dissociate religion from all these
factors. We agree that there must be a priority to tackle problems
such as the violence related to inter- Christian sectarianism of
certain football fans. In a survey commissioned by Glasgow City
Council coinciding with the timing of this Consultation, entitled,
Sectarianism in Glasgow, (3) it showed that only,
"9% of respondents agreed that discrimination
along sectarian lines no longer exists".
Equally disappointing,
"67% disagreed that, sectarianism is becoming
a thing of the past".
The survey distinguished sectarianism - mainly as
an individual issue about relationships between people - and institutionalised
prejudice. In relative terms, the survey concluded that sectarian
crime and discrimination in Glasgow may not be as common as racist
crime and discrimination. Therefore we would agree with the survey
findings that,
"actions against other forms of prejudice
may be as necessary, if not more so, than action against sectarian
attitudes in Glasgow".
UNISON Scotland believes that the report should include
a specific proposal to prevent further religious prejudice in the
workplace. Religious hatred has affected workers over the years,
as certain employers would not appoint people of a particular faith.
As a trade union with members from a wide background from all races
and religion, we are particularly concerned about religious prejudice
in the workplace.
Glasgow City Council's survey on Sectarianism in Glasgow
reported that a quarter of respondents felt that sectarianism was
common in employment decisions. We feel that this needs to be more
specifically addressed in the recommendations to the Executive.
Tackling religious hatred in relation to the workplace is a tangible
goal, unlike changing the culture or attitude of a nation. Employers
must make it clear in their recruitment and employment processes
that they do not tolerate any form of sectarianism or bigotry. The
Scottish Executive, local authorities, police, voluntary organisations,
the Scottish Football Association and the Old Firm clubs should
be the first to set such an example. This would set a precedent
for the Employment Directive on Equal Treatment, which will soon
mean that direct and indirect discrimination at work will be prohibited
on the grounds of age, sexual orientation, religion and belief,
and disability.
Sectarian violence does not just affect football
fans. Public sector workers such as health service staff can be
particularly at risk when sectarian violence spills over from the
street into hospitals. The violence, fuelled by a higher intake
of alcohol after matches can pose a threat to safety of public sector
workers. UNISON Scotland believes this is totally unacceptable.
Recent political developments
Unison Scotland has welcomed the all-encompassing
powers of the European Convention on Human Rights, and the introduction
of Article 9 which provides everyone with the right to freedom of
thought, conscience and religion. Similarly we acknowledge Article
13 of the Treaty of Amsterdam, which includes an Employment Directive
requiring member states to make discrimination unlawful on grounds
of religion or belief, disability, age or sexual orientation in
the areas of employment and training.
UNISON Scotland responded to the consultation document
issued by Donald Gorrie MSP in October 2001 on the proposed bill
to provide protection against sectarianism. In our response we agreed
with the proposal to make sectarian behaviour an ‘aggravating factor'
which the courts could take account of when sentencing. We took
the view that the current breach of the peace laws are not utilised
often enough when unrest occurs as a result of sectarianism. The
argument for the introduction of new legislation in Scotland is
further strengthened by the law on religiously-aggravated offences
in England and Wales which received Royal Assent in December 2001.
The government's Race Relations and the Equal Opportunities
legislation, particularly the review currently under way relating
to sexual orientation, religion, age and anti-discrimination goes
a long way towards combating prejudices. So do the provisions in
several Scottish Bills requiring public bodies to undertake their
functions in a way which encourages equal opportunities within the
terms of the Scotland Act 1998. This includes the prevention, elimination
or regulation of discrimination on various grounds, including "beliefs
or opinions, such as religious beliefs or political opinions".
We cannot ignore the violence and religious prejudice
related to football in Scotland. When Scotland voted for a devolved
Scottish Parliament, the hope was that local Ministers would be
more interested in, and more able to deal with local issues, and
we believe that this is one such an issue. The Scottish Executive
should and could make meaningful changes in this sphere. UNISON
Scotland fully supports the new proposals for the Criminal Justice
(Scotland) Bill. This would make religious hatred an aggravated
offence, coupled with measures to record religious hatred or motivation
in police records, tighter licensing of street traders and football
club action against supporters demonstrating or engaging in sectarian
behaviour.
We have provided below our response to the
two questions posed in the report.
Is further legislation required in Scotland
and, if so, how might this legislation work in practice to provide
protection both between religions and in the sectarian context?
UNISON Scotland is of the view that the current
breach of the peace laws are not utilised often enough when unrest
occurs as a result of sectarianism, perhaps because this issue does
not have a high enough profile. In our view, sectarianism is still
a taboo subject in Scotland for many people; making it a more easily
prosecutable offence can only help raise the profile of this issue.
We agree that the simplest way to achieve this is to make it an
aggravating factor, rather than an entirely new offence.
However, the aggravated offence will only be an
effective deterrent if it is used appropriately. We note with concern
the views of certain police bodies in Scotland who have said that
the current law is sufficient and that there does not need to be
an aggravated offence; if the bodies responsible for making use
of a new law do not see the need for it, are they less likely to
make use of it if it is enacted? We are of the view that more needs
to be done to highlight the damage that sectarianism does and change
attitudes in the various bodies responsible for law enforcement,
including the police and the procurators fiscal, to ensure that
any new anti-sectarian measure is taken seriously.
This would be helped by ensuring that religious
or sectarian hatred in any particular crime is recorded, so that
offences are prosecuted in a consistent manner. And equally we agree
that detailed statistics of cases involving religious or sectarian
hatred are maintained, and are made available. While religious bigotry
will not be changed by legislation, it is nevertheless a strong
deterrent along with the other measures that the Cross-Party Working
Group is proposing.
Should any legislation cover incitement to religious/sectarian
hatred or should it be restricted to providing a statutory aggravation
for existing offences?
UNISON Scotland agrees that legislation covering
incitement to religious hatred, may interfere with legislation on
freedom of speech. We concur with the Cross-Party Group that no
specific offence of incitement should be proposed.
Could pro-active non-legislative initiatives
(such as further/revised guidance from the Lord Advocate) deliver
the same message of reassurance and deterrence without the potential
legislative and enforcement difficulties?
We agree with the Group' s proposals to introduce
non-legislative initiatives, however these should be introduced
alongside relevant legislation. Alone these measures would not have
the same effect. Together with the proposed legislation, they demonstrate
the seriousness of the problem. Failure to do so would be tantamount
to ignoring that there is a problem. We support the Group's 12 recommendations
of initiatives relating to tackling religious hatred. We believe
that there should be an additional and specific measure to tackle
religious prejudice in the workplace. Religious prejudice can have
the most detrimental effect on victims in the workplace or at school,
as someone can choose whether or not to attend a football match,
but at work or school, they do not have the same choice.
Conclusion
UNISON Scotland welcomes the Scottish Executive's
formal recognition that sectarianism continues to be a problem in
Scotland. We fully support the introduction of new legislation to
make religious hatred an aggravated offence. We do not believe,
however, that there should be legislation covering incitement to
religious hatred. UNISON Scotland agrees with the group's recommendations
to introduce additional initiatives in order to combat religious
prejudice on a wider front, as legislation alone cannot do this.
These include measures to record religious hatred or motivation
in police records, tighter licensing of street traders and football
club action against supporters demonstrating or engaging in sectarian
behaviour. UNISON Scotland strongly recommends an additional measure
which would specifically tackle religious hatred in the workplace.
We have members from all races and religion, and believe that all
forms of religious hatred, including religious prejudice in the
workplace cannot and must not be allowed. We also recommend that
specific actions be taken to protect public sector workers who are
under threat of violence at work.
References:
(1) Staff and agencies, Thursday December 5, 2002.
Scotland clamps down on sectarianism (Electronic Version). (Guardian
Unlimited).
(2) Hofstede G, 1980. Cultures Consequences. Beverly
Hills, California, Snape.
(3) NFO Social Research, January 2003. Sectarianism
In Glasgow - Final Report. Prepared for: Glasgow City Council.
For Further Information Please Contact:
Matt Smith, Scottish Secretary
UNISONScotland
UNISON House
14, West Campbell Street,
Glasgow G2 6RX
Tel 0141-332 0006 Fax 0141 342 2835
e-mail matt.smith@unison.co.uk
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