Religious Hatred Offences
Beverley Hughes: Once again my hon. Friend is entirely wrong, and I shall come to the reasons why she is wrong in a moment.
The second reason for including the provision in this Bill is the current anomaly in the law, of which hon. Members will be aware. Legislation on incitement to racial hatred protects two religious groups: Jews and Sikhs. Taking the opportunity to expand the provisions on incitement to racial hatred to include religious hatred will extend that protection not only to Muslims but to other religious groups, including Christians. The clause therefore both corrects an anomaly and extends protection.
...
Ms Abbott: For the avoidance of doubt, I, too, stand four-square against discrimination against Muslims. One of the problems with the clause is that it does not provide protection against discrimination; it is about incitement to religious hatred. Furthermore, I believe that 99 per cent. of what it is now fashionable to describe as Islamophobia is either an offence under racial hatred legislation, or a straightforward public order offence.
Beverley Hughes: There are gaps in the legislation. If Members think about why we need the incitement to racial hatred offence in addition to the other provisions in the Public Order Act 1986 and in addition to the racially aggravated offences provisions, perhaps they will apply that thinking to why we need the incitement to religious hatred offence. Current provisions do not cover every eventuality. They do not cover incitement as it is defined in the Bill: the use of threatening, abusive or insulting words or behaviour intended or likely to result in public disorder. That is the difference. It is not covered in other parts of the Public Order Act, nor is it covered in the other legislation to which my hon. Friend referred.
...
Ms Abbott: The Lords struck out the clause. I rise to urge the House not to reinstate it. The House needs to reflect on the genesis of the demand from the Muslim community for protection against incitement to religious hatred. I know what the genesis was because I was in the House at the time. The genesis of that powerful demand was the debate around Salman Rushdie. It is all about the issue of freedom of speech. If Members had been in the House at that time and had had the debate with the Muslim community that I had, they would know why the clause must be phrased much more carefully.
Furthermore, the powerful speech by my right hon. Friend the Member for Manchester, Gorton (Mr. Kaufman) was wholly misconceived because he dealt largely with racial discrimination rather than incitement to religious hatred as such. Of course, every hon. Member is against discrimination against Muslims and believes that all religions should be given a measure of protection, but it should be in a properly thought out Bill introduced at the right time. It is the wrong clause. It is the wrong Bill. It represents a serious threat to freedom of speech. I urge the House to support the Lords in striking it down.
back ⇢