sc113006.14-16

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.  Standing Committee Proceedings: 30th June 2005
14

Racial and Religious Hatred Bill, continued

  “(6)
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 know, or had no reason to suspect, that the offending

material was threatening, abusive or insulting.”.’.

Mr Dominic Grieve

Mr Mark Prisk

Mr Alistair Carmichael

Lynne Featherstone

Not called  20

Schedule,  page  3,  line  28,  leave out sub-paragraph (3).

Mr Dominic Grieve

Mr Mark Prisk

Not called  21

Schedule,  page  3,  line  30,  leave out ‘likely’ and insert ‘intended’.

Mr Dominic Grieve

Mr Mark Prisk

Not called  22

Schedule,  page  3,  line  31,  leave out ‘is likely to’ and insert ‘will’.

Mr Dominic Grieve

Mr Mark Prisk

Not called  44

Schedule,  page  3,  line  31,  leave out ‘racial or’.

Mr Alastair Carmichael

Lynne Featherstone

Not called  63

Schedule,  page  3,  line  31,  leave out ‘or religious’.

Mr Alastair Carmichael

Lynne Featherstone

Not called  77

Schedule,  page  3,  line  31,  at end insert ‘or

(c)
having regard to all the circumstances the material or recording

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

Not called  64

Schedule,  page  3,  line  31,  at end insert ‘or

(c)
having regard to all the circumstances the material or recording

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

Not called  76

Schedule,  page  3,  line  31,  at end insert ‘or

S.C.E.  Standing Committee Proceedings: 30th June 2005
15

Racial and Religious Hatred Bill, continued

(c)
he recklessly risks that hatred against a religious group will

thereby be stirred up.”.’.

Mr Dominic Grieve

Mr Mark Prisk

Not called  82

Schedule,  page  3,  line  31,  at end insert—

    ‘(4)
For subsection (3) substitute—

  “(3)
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 written

material or recording or did not suspect, and had no reason to

suspect, that it was threatening, abusive or insulting.”.’.

Mr Dominic Grieve

Mr Mark Prisk

Not selected  26

Schedule,  page  3,  line  33,  at end insert—

‘11A
After section 28 insert—

“28A
Blasphemy

The law relating to blasphemy is repealed.”.’.

Mr Alastair Carmichael

Lynne Featherstone

Not selected  32

Page  2,  line  1,  leave out Schedule.

Schedule Agreed to.

Clause 2 Agreed to.

New CLAUSE

Protection of freedom of expression

Mr Dominic Grieve

Mr Mark Prisk

Withdrawn  NC1

To move the following Clause:—

‘Nothing in Part 3 of the Public Order Act 1986 (c. 64) shall be read or given

effect in a way which prohibits or restricts discussion, criticism or expressions of

antipathy or dislike of particular religions or their adherents, or of any other belief

system or its adherents, or proselytising one’s own religion or belief system or

S.C.E.  Standing Committee Proceedings: 30th June 2005
16

Racial and Religious Hatred Bill, continued

urging adherents of a different religion or belief system to cease practising

theirs.’.

New schedule

Mr Alastair Carmichael

Lynne Featherstone

Mr Dominic Grieve

Mr Mark Prisk

Not called  NS1

To move the following Schedule:—

‘RACIAL HATRED

1
Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect

subject to the following amendments.

2
Amend section 17 to read as follows—

  “(1)
In this Part “racial hatred” means hatred against a racial group, of

persons defined by reference (whether directly or indirectly) to

colour, race, nationality, (including citizenship) or ethnic or

national origins (“a racial group”).

      (2)
In this section—

(a)
“an indirect reference” means a reference to religion or

religious belief or to a person’s membership or presumed

membership of a religious group as a pretext for stirring up

racial hatred against a racial group;

(b)
“religious group” means a group of persons defined by

reference to religion or religious belief.”.’.

Bill to be reported.