PRISON SERVICE GUILTY OF RACIAL DISCRIMINATION
(Tuesday 16 December 2003)

Publishing the findings of its investigation, the CRE announced that it had found HM Prison Service guilty of racial discrimination. Part 2 of the report details the evidence leading to the finding of unlawful racial discrimination, and catalogues 14 areas of failure uncovered by the investigation. These failure areas were found across the board in the three prisons examined for the purposes of the investigation: HMP Brixton, Feltham Young Offenders Institution & HMP Parc.

Part 1 of the report, published in July this year, looked specifically at the circumstances leading to the murder of Zahid Mubarek by his racist cellmate in Feltham Young Offenders Institution in March 2000.

ONE IN FOUR PRISONERS IS FROM AN ETHNIC MINORITY

Publishing Part 2 of the report, CRE Chair Trevor Phillips said: "One in four prisoners is from an ethnic minority, compared with one in eleven amongst the whole population in England and Wales. And worryingly, this disproportion is growing. Between 1999 and 2002, the total prison population grew by just over 12%, but the number of black prisoners rose by over 50%. This is therefore an issue that we cannot afford to ignore.

"What's most shocking about this report is that, despite numerous wake-up calls, Prison Service managers persistently failed to tackle racism in their institutions and that very often they also failed to implement their own policies on racial discrimination, abuse and harassment.

"The Nominated Commissioners have decided to suspend a decision on whether to issue a Non Discrimination Notice and I'm pleased to announce that we have reached an agreement with the Prison Service, whereby they have committed themselves to implementing a detailed action plan in order to deliver race equality throughout the service.

"I recognise the progress made by the Prison Service since our formal investigation was launched and I am confident of the commitment and determination of current management to stamp out racism in all parts of the service. However, the task is considerable and we at the CRE will be working closely alongside the Prison Service to ensure it meets all the targets set within the action plan."

14 FAILURE AREAS IDENTIFIED BY REPORT

In all, the CRE made 17 findings of unlawful racial discrimination against HM Prison Service, the majority of which relate to individual cases. These individual findings, and the finding in respect of Zahid Mubarek, led the CRE to make two overall findings in respect of HM Prison Service's failure to deliver equivalent protection to all prisoners in its care and to deliver race equality in the way it employed staff or treated prisoners.

The investigation was overseen by a panel of nominated Commissioners. The formal investigation examined events occurring: between mid-1991 and July 2000 in HMP Brixton, London; between 1998 and July 2000 in HMP/YOI Parc, Wales; between January 1996 and November 2000 at HM Young Offender Institution and Remand Centre, Feltham, Middlesex

The 14 failure areas identified by the investigation were:

• The general atmosphere in prisons
• Treatment of prison staff
• Treatment of prisoners
• Access to goods, facilities and services
• Control of the use of discretion
• Prison transfers and allocations
• Discipline for prisoners
• Incentives and Earned Privileges
• Access to work
• Race complaints by prisoners
• Investigation of race complaints
• Correcting bad practice and spreading good practice
• Protection from victimisation
• Management systems and procedures

ABOUT THE CRE

The Race Relations Act makes it unlawful to discriminate against anyone on grounds of race, colour, nationality, ethnic or national origins. The Commission for Racial Equality was established in 1977 under the Act to work for the elimination of discrimination, the promotion of equality of opportunity and good race relations generally.

The Commission can advise or assist people with cases before courts and employment tribunals and can conduct its own investigations when it has grounds to believe discrimination may be taking place.

Public bodies have a duty to eliminate discrimination in the way they work and to promote equality of opportunity and good race relations. The Commission is working to help them deliver this duty.

Click here to read about Part 1 of the Zahid Mubarek report.

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