S.C.E.
Amendment Paper as at
Thursday 30th 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
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.".'.
Mr Alastair Carmichael
Lynne Featherstone
72
Schedule, page 2, line 31, 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
79
Schedule, page 2, line 31, at end insert—
| '(4) | For subsection (2) substitute— |
| "(2) | In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial or religious hatred to prove that he was not aware of the content of the material or did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.".'. |
Mr Dominic Grieve
Mr Mark Prisk
Mr Alistair Carmichael
Lynne Featherstone
17
Schedule, page 3, line 1, leave out sub-paragraph (3).
Mr Alastair Carmichael
Lynne Featherstone
38
Schedule, page 3, line 1, leave out 'For subsection (1)(b) substitute—
'(b)' and insert 'After subsection (1)(b), insert ", or
Mr Dominic Grieve
Mr Mark Prisk
27
Schedule, page 3, line 3, leave out 'likely' and insert 'intended'.
Mr Dominic Grieve
Mr Mark Prisk
28
Schedule, page 3, line 4, leave out 'is likely to' and insert 'will'.
Mr Alastair Carmichael
Lynne Featherstone
39
Schedule, page 3, line 4, leave out 'racial or'.
Mr Alastair Carmichael
Lynne Featherstone
57
Schedule, page 3, line 4, leave out 'or religious'.
Mr Alastair Carmichael
Lynne Featherstone
50
Schedule, page 3, line 5, at end insert 'or
(c) having regard to all the performance 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
58
Schedule, page 3, line 5, at end insert 'or
(c) having regard to all the performance is intended to be heard or seen by any person in whom it is likely to stir up religious hatred.".'.
Mr Alastair Carmichael
Lynne Featherstone
73
Schedule, page 3, line 5, 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
Mr Alistair Carmichael
Lynne Featherstone
18
Schedule, page 3, line 10, leave out sub-paragraph (3).
Mr Alastair Carmichael
Lynne Featherstone
40
Schedule, page 3, line 10, leave out 'For subsection (1)(b) substitute—
'(b)' and insert 'After subsection (1)(b), insert ", or
Mr Dominic Grieve
Mr Mark Prisk
29
Schedule, page 3, line 11, leave out 'likely' and insert 'intended'.
Mr Dominic Grieve
Mr Mark Prisk
30
Schedule, page 3, line 12, leave out 'is likely to' and insert 'will'.
Mr Alastair Carmichael
Lynne Featherstone
41
Schedule, page 3, line 13, leave out 'racial or'.
Mr Alastair Carmichael
Lynne Featherstone
59
Schedule, page 3, line 13, leave out 'or religious'.
Mr Alastair Carmichael
Lynne Featherstone
51
Schedule, page 3, line 13, at end insert 'or
(c) having regard to all the circumstances the recording is liable to be heard or seen by any person in whom it is likely to stir up racial hatred.".'.
