Time to read the riot act on race

Racial conflict in Northern cities has put law and order issues in the spotlight. The best hope of a long-term solution may lie in our race-relations laws,

Penny Lewis
Tuesday 24 July 2001 00:00 BST

This summer's rioting in England's northern cities appears to be contagious. Burnley, Bradford and Oldham have seen race-related violence. Why are these marred by trouble when economic conditions remain good and living conditions, even in "sink estates", are no worse than in other parts of the country? Above all, what part can the law play in keeping the peace?

Bradford's hostilities happened to coincide with the publication of a review by Lord Ouseley on racial tensions there. It seems likely that external factors were a pretext for the instability that spilled out across the city. David Blunkett, the Home Secretary, said that whatever the provocation there could be "no excuse for mindless violence and reckless destruction".

Historically, Bradford has been a polyglot, and 20 per cent of its population today is of ethnic minority origin. So what has gone wrong?

Earlier this year, the Vision 2020 group – a Bradford Council public consultation initiative – commissioned Lord Ouseley, a former executive chairman of the Commission for Racial Equality, to investigate. He identified causes of ethnic conflict and suggested solutions. The Bradford Race Review, which was published on 12 July, is undoubtedly well intentioned. It speaks of fragmentation "along social, cultural, ethnic and religious lines" and the need to promote dialogue and understanding across the community.

Chris Myant, a CRE spokesman, describes Lord Ouseley as as sufficiently realistic to recognise that there is no "simple all-in-one blueprint" for racial harmony. Before the report was published Mr Myant said the CRE expected "not Utopia" but "practical do-able measures" that can make a real difference.

He referred to a "deep sense of alienation in sometimes decaying industrial towns". Poverty remains widespread. While ethnic minorities are increasingly assimilated countrywide, there remain pockets of hostility. At the general election there was a swing in favour of the British National Party in these areas. The CRE welcomes the Race Relations (Amendment) Act 2000. It will eventually publish codes of conduct. Mr Myant hopes these will "concentrate minds wonderfully in a way that the law has not".

The Act, in force since April, bolsters existing laws, imposing legal obligations on public authorities not to discriminate and to promote equality. Chief police officers will be liable for discriminatory conduct of officers under their control.

Bradford's central Manningham area is no stranger to disturbance. There were clashes in June 1995 after the arrests of Asian youths, and there have been other outbreaks.

A report produced after the 1995 disturbances has a resonance with Lord Ouseley's report. Both authors cite high unemployment, poverty and boredom, leading to social exclusion and "young people acquiring negative attitudes". With too much time and too little money, young people tend to loiter. Eventually, unrest is sparked by random events. The first report concluded that money was essential to improve recreational facilities, that young people needed encouragement to develop skills, and that private investment had to be courted. Better relations with the police were vital.

This month's report refers to racism, discrimination and misunderstanding. Measures are proposed, including a Centre for Diversity of Learning and Living for public sector services and employers, and better schooling. Most important, though, a sea change in attitude is required to build on existing community projects.

Mohammed Riaz, a local businessman, he stood as Conservative candidate for Bradford West at the general election, and is an adviser on ethnic minority affairs to William Hague. He describes the rioting as "a real act of criminality". On the task of acting on the Ouseley report, Mr Riaz says that "highlighting the problem is sometimes the easiest thing". Practical measures and critical leadership are needed to see changes through. "The biggest issue is the lack of education. Unless standards can be improved the problems will escalate," he says.

Even before 1996, reports emphasised Bradford's poor academic record. The city has been at the bottom of national league tables for the past two years. Vision 2020 says that good schooling will "help create the right attitudes", from racial tolerance to pride in the local environment. Splendid rhetoric, but what has been achieved? The advent of the Race Relations Act means that judicial review of local authority policies could be sought if there is a disparity in provision of educational facilities between ethnic groups.

Asama Javed, a solicitor with a Bradford firm promoting multicultural issues, says: "The Government needs to set up a management committee with representatives from all communities who will hold regular open debates where everyone can air grievances." Shewill be suggesting this to Martin Baines, the Bradford community liaison officer.

Solving Bradford's woes is more a social than legal issue. Having said that, the powers of law enforcement agencies were again the focus of attention, with the police's handling of the riots attracting some criticism.

The main legislative weapon in this area is the Public Order Act 1986. This contains the right to prosecute for riot and assault and to block marches. All processions must be cleared by the local authority. In Bradford, a National Front march, planned for 7 July, was banned on police advice.

But there are no equivalent powers to outlaw "gatherings". Bradford police could not prevent an anti-Nazi protest going ahead. All it can do is mobilise sufficient officers and, if necessary, impose conditions. This creates practical difficulties if the organisers are not known, and too often events spiral out of control, as they did in Bradford.

The authorities were doubtless conscious of the need to act with restraint, given the backlash against the Metropolitan Police in May. It had contained anti-capitalism protesters within a central area of London using common-law powers to prevent breach of the peace. Liberty, the human rights lobby group, argues that people were falsely imprisoned as a result. The Crime and Disorder Act 1998 allows prosecution for racially-aggravated offences. This is less likely to be invoked in large-scale disorders.

The Act also requires local authorities, in conjunction with the police, to devise and implement three-year strategies to combat crime. Bradford Council says that in drawing up plans it was impossible to anticipate what happened.

While it is dangerous to make comparisons, the experience of Tower Hamlets in London is interesting. In a recent publication, Helal Uddin Abbas, the leader of the council, said the borough has been free for some years of many of the problems facing Burnley. He says the borough introduced a zero-tolerance policy to racism, while community groups working with the police have helped forge relationships. Support for extremist groups has dwindled. Education standards have risen, with primary school results showing the greatest improvement of any local authority since 1998.

It is obvious that improvement in school results is the first step towards giving ethnic minorities a ladder out of poverty. There is valuable United States experience on"ghetto societies". One possible error in Bradford may be reliance on support staff teaching infants in their own languages. Teaching pupils exclusively in English from a young age might improve results. Studies from the Hispanic community in California demonstrate this.

The integration of minorities is inevitably arduous and occasionally controversial. Many tensions exist within the ethnic communities. No wonder first-generation immigrants find it painful to see the partial assimilation of their offspring into this freewheeling modern British society.

Penny Lewis is a solicitor at the London law firm Badhams

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