Government claims discrimination against black people and Travellers 'objectively justified'
The government claims that discrimination against black people, Gypsy, Roma, and Traveller communities is "objectively acceptable" under a controversial set of new legislation.
Different groups would be disproportionately impacted by proposals in the Police, Crime, Sentencing and Courts (PCSC) Bill, according to documents released by the Home Office on Monday.
Increased stop and search powers are among them, as is the criminalization of "remaining on land without authorization in a vehicle."
The Home Office conceded that new Serious Violence Reduction Orders (SVROs), which would empower police to stop and search people without the need for "reasonable grounds," would disproportionately affect black people.
“Any indirect variation in treatment on the basis of race is predicted to be potentially positive and objectively acceptable as a proportionate method of accomplishing our legitimate goal of reducing serious violence and avoiding crime,” the equalities impact assessment said.
According to the Home Office, murder rates for black victims were four times higher than for white victims in 2018, and the measures aimed to minimize “violence amongst those most likely to be involved.”
“If the policy's benefits outweighed the costs, as currently estimated,” the letter said, “this policy would have an overall beneficial impact and be objectively justified.”
In an official consultation, several criminal justice organizations and charities expressed concerns about SVROs, and police statistics suggest that black people are nine times more likely to be stopped and searched than white people.
The measure would "essentially create a personalized, suspicionless stop and search power, completely untethered to a specific and objectively verifiable threat," according to Liberty, and would "compound discrimination."
Courts will be empowered to impose SVROs after any offense “involving a knife or an offensive weapon,” regardless of whether it was wielded by that person, according to government recommendations.
The Lammy Review highlighted the racial impact of "joint enterprise" prosecutions, which can result in multiple persons being sentenced for a single stabbing.
SVROs, according to the Criminal Justice Alliance, have "inadequate proof of effectiveness," threatening to disrupt rehabilitation and erode public trust in the police.
They are one of numerous provisions in the PCSC Bill that have sparked strong resistance on human rights and discrimination grounds, despite the fact that it cleared all House of Commons stages without amendment and will be debated in the Lords on Tuesday.
Several clauses specifically target Gypsy, Roma, and Traveller populations, including the creation of a new criminal offense of "remaining on land without authorisation in a vehicle," as well as the expansion of police powers to take caravans and other property.
“There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic,” the government claimed in its equalities impact statement. Any discrimination against people of a certain race or background would be indirect.”
The statement acknowledged that the policy "may prejudice persons from the Gypsy, Roma, and Traveller populations," but added, "It is our opinion that any indirect discrimination against the foregoing categories can be objectively justified."
The government stated that it recognizes the right to live a nomadic lifestyle, but that the proposed rules would apply to "anyone who resides or wants to reside on land illegally."
The measures were described as a "proportionate way of meeting the legitimate goals of crime prevention and investigation, as well as the protection of others' rights, particularly those of the occupier and the local community," according to the report.
The employment of the powers would be "discretionary and an operational matter for the police," according to the text.
Martin Hewitt, chair of the National Police Chiefs' Council (NPCC), said earlier this year that police chiefs had not demanded a change in the law and that present powers were sufficient.
“The main problem is that there is an insufficient supply of sites for Gypsy Travellers to occupy,” he told a parliamentary committee. That is what leads to the small fraction of people who end up in illegal encampments.”
Police commanders, according to Mr Hewitt, are concerned about the proposed powers and how they could drive officers deeper into "quite tough circumstances."
The Liberty organization argued the government's proposals will criminalize Gypsies and Travellers and provoke "harassment" of black people and other groups in reaction to the equalities impact statements.
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