Racial and Religious Hatred Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Racial and Religious Hatred Bill

Racial and Religious Hatred Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as Bill 11—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Clarke has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Racial and Religious Hatred Bill are compatible with

the Convention rights.

Bill 11

54/1

Racial and Religious Hatred Bill

Bill 11 54/1

Racial and Religious Hatred Bill

1

A

Bill

To

Make provision about offences involving stirring up hatred against persons on

racial or religious grounds.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Hatred against persons on racial or religious grounds

Part 3 of the Public Order Act 1986 (c. 64) is amended in accordance with the

Schedule to this Act, which—

(a)

creates offences involving stirring up hatred against persons on

religious grounds, and

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(b)

amends provisions relating to offences involving stirring up hatred

against persons on racial grounds.

2

Short title, commencement and extent

(1)

This Act may be cited as the Racial and Religious Hatred Act 2005.

(2)

This Act comes into force on such day as the Secretary of State may appoint by

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order made by statutory instrument.

(3)

An order under subsection (2) may make—

(a)

such supplementary, incidental or consequential provision, or

(b)

such transitory, transitional or saving provision,



as the Secretary of State considers appropriate in connection with the coming

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into force of this Act.

(4)

This Act extends to England and Wales only.

Bill 11 54/1

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Racial and Religious Hatred Bill
Schedule — Hatred against persons on racial or religious grounds

Schedule

Section 1

Hatred against persons on racial or religious grounds

1

Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect

subject to the following amendments.

2

For the heading for Part 3 substitute “Hatred against persons on racial

5

or religious grounds”.

3

After section 17 insert—

“Meaning of “religious hatred”

17A

Meaning of “religious hatred”

In this Part “religious hatred” means hatred against a group of

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persons defined by reference to religious belief or lack of religious

belief.”

4

In the cross-heading before section 18, for “racial hatred” substitute “racial or

religious hatred”.

5     (1)

Section 18 (use of words or behaviour or display of written material) is

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amended as follows.

      (2)

In subsections (1)(a) and (5) for “racial hatred” substitute “racial or religious

hatred”.

      (3)

For subsection (1)(b) substitute—

“(b)

having regard to all the circumstances the words, behaviour

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or material are (or is) likely to be heard or seen by any person

in whom they are (or it is) likely to stir up racial or religious

hatred.”

6     (1)

Section 19 (publishing or distributing written material) is amended as

follows.

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      (2)

In subsections (1)(a) and (2) for “racial hatred” substitute “racial or religious

hatred”.

      (3)

For subsection (1)(b) substitute—

“(b)

having regard to all the circumstances the material is likely to

be seen by any person in whom it is likely to stir up racial or

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religious hatred.”

7     (1)

Section 20 (public performance of play) is amended as follows.

      (2)

In subsections (1)(a) and (2) (in both places) for “racial hatred” substitute

“racial or religious hatred”.

Racial and Religious Hatred Bill
Schedule — Hatred against persons on racial or religious grounds

3

      (3)

For subsection (1)(b) substitute—

“(b)

having regard to all the circumstances the performance is

likely to be attended by any person in whom the performance

(taken as a whole) is likely to stir up racial or religious

hatred.”

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8     (1)

Section 21 (distributing, showing or playing a recording) is amended as

follows.

      (2)

In subsections (1)(a) and (3) for “racial hatred” substitute “racial or religious

hatred”.

      (3)

For subsection (1)(b) substitute—

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“(b)

having regard to all the circumstances, the recording is likely

to be seen or heard by any person in whom it is likely to stir

up racial or religious hatred.”

9     (1)

Section 22 (broadcasting or including programme in programme service) is

amended as follows.

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      (2)

In subsections (1)(a), (3), (4) (in both places), (5) (in both places) and (6) for

“racial hatred” substitute “racial or religious hatred”.

      (3)

For subsection (1)(b) substitute—

“(b)

having regard to all the circumstances, the programme is

likely to be seen or heard by any person in whom it is likely

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to stir up racial or religious hatred.”

10

For the cross-heading before section 23 substitute “Inflammatory material”.

11    (1)

Section 23 (possession of racially inflammatory material) is amended as

follows.

      (2)

In subsection (1) for the words from “if he intends” onwards substitute “if he

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intends racial or religious hatred to be stirred up thereby or subsection (1A)

applies.”

      (3)

After subsection (1) insert—

“(1A)

This subsection applies if, having regard to all the circumstances, the

material or recording is likely to be seen or heard by any person in

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whom it is likely to stir up racial or religious hatred.”

      (4)

In subsection (3) for “racial hatred” substitute “racial or religious hatred”.

      (5)

In the sidenote, for “racially inflammatory” substitute “inflammatory”.

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In section 29 (interpretation) after the definition of “recording” insert—

““religious hatred” has the meaning given by section 17A;”.

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