Create an Official Racial Offenders Register/Scheme

Similar to Sarahs Law and Clares Law, we are asking the Government to create a register for racial offenders so organisations can find out if potential employees have a history of racial related offences before they are recruited into diverse organisations.

As part of the drive to further protect citizens and have zero tolerance to all forms of prejudice and discrimination in the workplace, this register would allow employees to know if any staff have a history of race-related offences to determine if they could cause further prejudice and discrimination within the workplace and whether they would be best fit for roles within diverse working environments.

The Government takes all forms of hate crime very seriously, and these abhorrent acts will not be tolerated in our society.

This is why the Hate Crime Action Plan (Action Against Hate: The UK Government’s plan for tackling hate crime) was published in 2016 and refreshed in October 2018. The Action Plan improved the response to all forms of hate crime and the refreshed publication ensured a renewed commitment that victims remain at the heart of our work.

However, the Government does not consider that creating a register of “racial offenders” so organisations can find out if potential employees have a history of racial-related offences before they are recruited into diverse organisations would be an effective means of protecting staff in their workplace.

There is existing provision for criminal record checks to be requested from the Disclosure and Barring Service (DBS). The criminal records disclosure regime is designed to protect the public, in particular children and vulnerable adults, while balancing the aim of rehabilitating those who offended in the past.

Any employer can ask to see a basic criminal record check. Basic certificates include details of unspent convictions and conditional cautions and can be used for any position or purpose.

Where an individual is seeking to work in roles that require a high level of public trust or involve special risks and sensitivities, such as working closely with children or vulnerable adults, an employer may request that they obtain either a standard or enhanced criminal record certificate from the DBS. These certificates include details of spent and unspent cautions and convictions recorded on the Police National Computer, subject to statutory disclosure rules. The roles and activities that are eligible for standard and enhanced criminal record checks are set out in legislation.

The Government considers these arrangements to be the most effective means of allowing employers to access appropriate information about the criminal histories of prospective employees.

The existing registers referred to in the petition are designed for very different purposes and do not provide information for employment purposes.

The Child Sex Offender Disclosure Scheme (often referred to as “Sarah’s Law”) aims to provide parents, guardians and carers with information that will enable them to better safeguard their children’s safety and welfare. The scheme exists to allow anyone to make an application to the police about a person with access to a child or children. In the event that that person has convictions for sexual offences against children, poses a risk of causing harm to the child(ren) concerned and a disclosure is necessary to protect the child(ren), there is a presumption that police will provide information to the individual most able to protect the child(ren). For this reason, the disclosure would not necessarily be made to the original applicant.

The Domestic Violence Disclosure Scheme (or “Clare’s Law”) enables the police to disclose to the public, information about previous violent offending by a current or former partner where this may help protect them from further violent offending. Disclosures can be made: if the police have the power to disclose the information; if there is a pressing need for the information; and, if interfering with the rights of the subject (under Article 8 of the European Convention on Human Rights) to have information about his/her previous convictions kept confidential, is necessary and proportionate for the prevention of crime (or in the interests of public safety or for the protection of morals or the rights and freedoms of others).

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