S.C.E.
Amendment Paper as at
Wednesday 29th June 2005
STANDING COMMITTEE E
RACIAL AND RELIGIOUS HATRED BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [28th June].
Mr Dominic Grieve
Mr Mark Prisk
3
Schedule, page 2, line 10, leave out 'a group of'.
Mr Dominic Grieve
Mr Mark Prisk
4
Schedule, page 2, line 11, leave out first 'religious'.
Mr Dominic Grieve
Mr Mark Prisk
6
Schedule, page 2, line 11, leave out first 'religious' and insert 'religion or'.
Mr Dominic Grieve
Mr Mark Prisk
5
Schedule, page 2, line 11, leave out second 'religious'.
Mr Dominic Grieve
Mr Mark Prisk
7
Schedule, page 2, line 11, leave out second 'religious' and insert 'religion or'.
Mr Alastair Carmichael
Lynne Featherstone
45
Schedule, page 2, line 12, at end insert 'where such hatred is racially motivated.'.
Mr Dominic Grieve
Mr Mark Prisk
24
Schedule, page 2, line 12, at end insert—
'17B Meaning of "religious belief"
For the purposes of section 17A a religious belief is confined to—
Mr Dominic Grieve
Mr Mark Prisk
25
Schedule, page 2, line 12, at end insert—
'17B Groups not protected by Part 3
For the purposes of section 17A any group of persons holding the following religious beliefs or lack of religious belief shall not enjoy the protection of this part of the Act—
| (b) | believers in human sacrifice to propitiate a deity; |
| (c) | believers in animal sacrifice to propitiate a deity; |
| (d) | believers in female genital mutilation to live in accordance with the rules of a religion; |
| (e) | believers in violence as a means of proselytising a belief; |
| (f) | believers in the supremacy or superiority of one race over another; |
| (g) | believers in the supremacy or superiority of one gender over another; |
Mr Dominic Grieve
Mr Mark Prisk
10
Schedule, page 2, line 16, at end insert—
| '(1A) | For subsection (1) substitute— |
| "(1) | A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting in the case of racial hatred; or uses threatening or abusive words or behaviour, or displays any written material which is threatening or abusive in the case of religious hatred, is guilty of an offence if— |
(a) he intends thereby to stir up racial or religious hatred, or
(b) having regard to all the circumstances racial or religious hatred is likely to be stirred up thereby.".'.
Mr Dominic Grieve
Mr Mark Prisk
11
Schedule, page 2, line 16, at end insert—
| '(1A) | For subsection (1) substitute— |
| "(1) | A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting in the case of racial hatred, or uses threatening words or behaviour, or displays any written material which is threatening or abusive in the case of religious hatred, is guilty of an offence if— |
(a) he intends thereby to stir up racial or religious hatred, or
(b) having regard to all the circumstances racial or religious hatred is likely to be stirred up thereby.".'.
Mr Alastair Carmichael
Lynne Featherstone
46
Schedule, page 2, line 17, leave out 'subsections (1)(a) and (5)' and insert 'subsection (1)(a)'.
Mr Dominic Grieve
Mr Mark Prisk
Mr Alistair Carmichael
Lynne Featherstone
8
Schedule, page 2, line 19, leave out sub-paragraph (3).
Mr Alastair Carmichael
Lynne Featherstone
34
Schedule, page 2, line 19, leave out 'For subsection (1)(b) substitute—
'(b)' and insert 'After subsection (1)(b), insert ", or
Mr Dominic Grieve
Mr Mark Prisk
9
Schedule, page 2, line 21, leave out 'likely' and insert 'intended'.
Mr Dominic Grieve
Mr Mark Prisk
15
Schedule, page 2, line 22, leave out '"are (or it is) likely to"' and insert '"will".'.
Mr Alastair Carmichael
Lynne Featherstone
35
Schedule, page 2, line 22, leave out '"racial or".'.
Mr Alastair Carmichael
Lynne Featherstone
53
Schedule, page 2, line 22, leave out '"or religious"'.
Mr Alastair Carmichael
Lynne Featherstone
48
Schedule, page 2, line 23, at end insert 'or
(c) having regard to all the circumstances the words, behaviour or material are (or is) liable to be heard or seen by any person in whom they are (or it is) likely to stir up racial hatred.".'.
Mr Alastair Carmichael
Lynne Featherstone
54
Schedule, page 2, line 23, at end insert 'or
(c) having regard to all the circumstances the words, behaviour or material are (or is) intended to be heard or seen by any person in whom they are (or it is) likely to stir up religious hatred.".'.
Mr Alastair Carmichael
Lynne Featherstone
71
Schedule, page 2, line 23, at end insert 'or
(c) he recklessly risks that hatred against a religious group will thereby be stirred up.".'.
Mr Dominic Grieve
Mr Mark Prisk
12
Schedule, page 2, line 23, at end insert—
| '(4) | After subsection (1) insert— |
| "(1A) | No word or behaviour, or display of any written material shall be regarded as threatening, abusive or insulting if it solely seeks to impart information as to the religious belief or lack of belief of the maker.".'. |
Mr Dominic Grieve
Mr Mark Prisk
23
Schedule, page 2, line 23, at end insert—
| '(4) | In subsection (3) at end insert "but no power of arrest shall reside with any other person including any person empowered to do so by virtue of section 110 of the Serious and Organised Crime and Police Act 2005.".'. |
Mr Alastair Carmichael
Lynne Featherstone
47
Schedule, page 2, line 23, at end insert—
| '(3A) | After subsection (5) insert— |
| "(5A) | A person who is not shown to have intended to stir up religious hatred is not guilty of an offence under this section if he was not aware that his words or behaviour, or the written material, might incite religious hatred.".'. |
Mr Dominic Grieve
Mr Mark Prisk
78
Schedule, page 2, line 23, at end insert—
| '(4) | For subsection (5) substitute— |
| "(5) | A person who is not shown to have intended to stir up racial or religious hatred is not guilty of an offence under this section if he did not intend his words or behaviour, or the written material, to be, or was not aware that it might be, threatening, abusive or insulting.".'. |
Mr Dominic Grieve
Mr Mark Prisk
Mr Alistair Carmichael
Lynne Featherstone
13
Schedule, page 2, line 28, leave out sub-paragraph (3).
Mr Alastair Carmichael
Lynne Featherstone
36
Schedule, page 2, line 28, leave out 'For subsection (1)(b) substitute—
"(b)' and insert 'After subsection (1)(b), insert ", or
Chris Bryant
83
Schedule, page 2, line 29, leave out from 'material' to end of line 31 and insert 'might be reasonably supposed to stir up racial or religious hatred in any person who might see it.".'.
Mr Dominic Grieve
Mr Mark Prisk
14
Schedule, page 2, line 29, leave out 'likely' and insert 'intended'.
Mr Dominic Grieve
Mr Mark Prisk
16
Schedule, page 2, line 30, leave out 'is likely to' and insert 'will'.
Mr Alastair Carmichael
Lynne Featherstone
37
Schedule, page 2, line 30, leave out 'racial or'.
Mr Alastair Carmichael
Lynne Featherstone
55
Schedule, page 2, line 30, leave out 'or religious'.
Mr Alastair Carmichael
Lynne Featherstone
49
Schedule, page 2, line 31, at end insert 'or
(c) having regard to all the circumstances the material is liable to be heard or seen by any person in whom it is likely to stir up racial hatred.".'.
Mr Alastair Carmichael
Lynne Featherstone
56
Schedule, page 2, line 31, at end insert 'or
(c) having regard to all the circumstances the material is intended to be heard or seen by any person in whom it is likely to stir up religious hatred.".'.
