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| | Racial and Religious Hatred Bill
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| | | Consequential amendment: powers of arrest |
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| | To move the following Clause:— |
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| | | ‘In section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest |
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| | | without warrant by persons other than constables) after subsection (4) add— |
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| | | “(5) | This section does not apply in relation to an offence under Part 3 of the |
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| | | Public Order Act 1986.”.’. |
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| | | Blasphemy and blasphemous libel |
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| | To move the following Clause:— |
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| | | ‘The offences of blasphemy and blasphemous libel are abolished.’. |
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| | | Protection of freedom of expression |
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| | To move the following Clause:— |
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| | | ‘Nothing in Part 3 of the Public Order Act 1986 (c. 64) shall be read or given |
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| | | effect in a way which restricts or prohibits freedom of speech or expression on |
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| | | any matter of religious belief or lack of religious belief, unless the tone or content |
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| | | of such speech or expression is such as to constitute a justification for violent acts |
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| | | against any group of persons defined by reference to religious belief or lack of |
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| | | Protection for criticism, ridicule, etc. |
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| | To move the following Clause:— |
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| | | ‘Nothing in Part 3 of the Public Order Act 1986 (c. 64) shall be read as creating |
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| | | offences that involve material that criticises or ridicules or causes offence.’. |
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| | Mr Robert Marshall-Andrews |
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| | Page 1, line 3 [Clause 1], leave out from ‘Act’ to end of line 7. |
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| | Mr Robert Marshall-Andrews |
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| | To move the following Schedule:— |
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| | | 1 | Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect |
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| | | subject to the following amendment. |
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| | | 2 | Section 17 of the Public Order Act is amended to read as follows— |
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| | | “(1) | In this Part ‘racial hatred’ means hatred against a racial group, of |
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| | | persons defined by reference (whether directly or indirectly) to |
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| | | colour, race, nationality, (including citizenship) or ethnic or |
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| | | national origins (‘a racial group’). |
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| | | (a) | ‘an indirect reference’ means a reference to religion or |
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| | | religious belief or to a person’s membership or presumed |
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| | | membership of a religious group as a pretext for stirring up |
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| | | racial hatred against a racial group; |
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| | | (b) | ‘religious group’ means a group of persons defined by |
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| | | reference to religion or religious belief. |
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| | | (3) | It shall not be an offence under this section if the activity consists |
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| | | (a) | criticising the beliefs, teachings or practices of a religion or |
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| | | its followers, for example, by claiming that they are false or |
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| | | (b) | proselytising one’s own religion or urging followers of a |
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| | | different religion to cease practicing theirs; |
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| | | (c) | expressing irreverent comedic comments about religion or |
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| | | belief; its worship, teaching, practice or observance; |
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| | | (d) | expressing antipathy or dislike of particular religions or |
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| | Mr Robert Marshall-Andrews |
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| | Page 2, line 1, leave out the Schedule. |
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| | Page 2, line 12 [Schedule], at end insert— |
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| | | ‘17B | Groups not protected by Part 3 |
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| | | For the purposes of Section 17A any group of persons holding the following |
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| | | beliefs or lack of religious belief shall not enjoy the protection of this Part of this |
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| | | (c) | believers in the need for human sacrifice to propitiate a deity; |
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| | | (d) | believers in female genital mutilation to live in accordance with the rules |
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| | | (e) | believers in violence as a means of proselytising a belief; |
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| | | (f) | believers in the divinely ordained supremacy of one race over another.’. |
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| | Page 2, line 22 [Schedule], leave out ‘or religious’. |
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| | Page 2, line 23 [Schedule], at end insert— |
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| | | ‘(4) | In subsection (3) at end insert “but no power of arrest shall reside with |
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| | | any other person including any person empowered to do so by virtue of |
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| | | section 110 of the Serious Organised Crime and Police Act 2005.”.’. |
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| | Page 2, line 30 [Schedule], leave out ‘or religious’. |
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| | Page 3, line 1 [Schedule], leave out sub-paragraph (3) and insert— |
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| | | ‘(3) | In subsection (1)(b), for “racial hatred” substitute “racial or religious |
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| | Page 3, line 4 [Schedule], leave out ‘or religious’. |
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| | Page 3, line 13 [Schedule], leave out ‘or religious’. |
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| | Page 3, line 21 [Schedule], leave out ‘or religious’. |
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| | Page 3, line 31 [Schedule], leave out ‘or religious’. |
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| | Page 3, line 33 [Schedule], at end insert— |
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| | | ‘11A | After section 23, insert— |
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| | | “23A | Blasphemous words, etc. |
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| | | For the purposes of determining whether an offence has been |
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| | | committed under sections 18 to 23, it is immaterial whether the words, |
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| | | behaviour, written material, public performance, recording or |
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| | | programme is blasphemous.”.’. |
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| | | Bill read the third time on division, and passed. |
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