06120.1-6

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Racial and Religious Hatred Bill
[The page and line references are to HL Bill 15, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 2, leave out “Part 3 of”
2
Page 1, line 6, leave out paragraph (b)
Clause 2
3
Page 1, line 11, after “3” insert “or 3A”
The Schedule
4
Leave out the Schedule and insert the following new Schedule—

“Hatred against persons on religious grounds


In the Public Order Act 1986 (c. 64), after Part 3 insert—

“Part 3A

Hatred against persons on religious grounds

Meaning of “religious hatred”

29A
Meaning of “religious hatred”

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

persons defined by reference to religious belief or lack of

religious belief.

(  2  )

Acts intended to stir up religious hatred

29B
Use of words or behaviour or display of written material

(1)
A person who uses threatening words or behaviour, or displays

any written material which is threatening, is guilty of an offence

if he intends thereby to stir up religious hatred.

(2)
An offence under this section may be committed in a public or a

private place, except that no offence is committed where the

words or behaviour are used, or the written material is

displayed, by a person inside a dwelling and are not heard or

seen except by other persons in that or another dwelling.

(3)
A constable may arrest without warrant anyone he reasonably

suspects is committing an offence under this section.

(4)
In proceedings for an offence under this section it is a defence for

the accused to prove that he was inside a dwelling and had no

reason to believe that the words or behaviour used, or the written

material displayed, would be heard or seen by a person outside

that or any other dwelling.

(5)
This section does not apply to words or behaviour used, or

written material displayed, solely for the purpose of being

included in a programme service.

29C
Publishing or distributing written material

(1)
A person who publishes or distributes written material which is

threatening is guilty of an offence if he intends thereby to stir up

religious hatred.

(2)
References in this Part to the publication or distribution of

written material are to its publication or distribution to the public

or a section of the public.

29D
Public performance of play

(1)
If a public performance of a play is given which involves the use

of threatening words or behaviour, any person who presents or

directs the performance is guilty of an offence if he intends

thereby to stir up religious hatred.

(2)
This section does not apply to a performance given solely or

primarily for one or more of the following purposes—

(a)
rehearsal,

(b)
making a recording of the performance, or

(c)
enabling the performance to be included in a programme

service;


but if it is proved that the performance was attended by persons

other than those directly connected with the giving of the

performance or the doing in relation to it of the things mentioned

in paragraph (b) or (c), the performance shall, unless the contrary

is shown, be taken not to have been given solely or primarily for

the purpose mentioned above.

(3)
For the purposes of this section—

(  3  )

(a)
a person shall not be treated as presenting a performance

of a play by reason only of his taking part in it as a

performer,

(b)
a person taking part as a performer in a performance

directed by another shall be treated as a person who

directed the performance if without reasonable excuse he

performs otherwise than in accordance with that person’s

direction, and

(c)
a person shall be taken to have directed a performance of

a play given under his direction notwithstanding that he

was not present during the performance;


and a person shall not be treated as aiding or abetting the

commission of an offence under this section by reason only of his

taking part in a performance as a performer.

(4)
In this section “play” and “public performance” have the same

meaning as in the Theatres Act 1968.

(5)
The following provisions of the Theatres Act 1968 apply in

relation to an offence under this section as they apply to an

offence under section 2 of that Act—

section 9 (script as evidence of what was performed),

section 10 (power to make copies of script),

section 15 (powers of entry and inspection).

29E
Distributing, showing or playing a recording

(1)
A person who distributes, or shows or plays, a recording of

visual images or sounds which are threatening is guilty of an

offence if he intends thereby to stir up religious hatred.

(2)
In this Part “recording” means any record from which visual

images or sounds may, by any means, be reproduced; and

references to the distribution, showing or playing of a recording

are to its distribution, showing or playing to the public or a

section of the public.

(3)
This section does not apply to the showing or playing of a

recording solely for the purpose of enabling the recording to be

included in a programme service.

29F
Broadcasting or including programme in programme service

(1)
If a programme involving threatening visual images or sounds is

included in a programme service, each of the persons mentioned

in subsection (2) is guilty of an offence if he intends thereby to stir

up religious hatred.

(2)
The persons are—

(a)
the person providing the programme service,

(b)
any person by whom the programme is produced or

directed, and

(c)
any person by whom offending words or behaviour are

used.

(  4  )

Inflammatory material

29G
Possession of inflammatory material

(1)
A person who has in his possession written material which is

threatening, or a recording of visual images or sounds which are

threatening, with a view to—

(a)
in the case of written material, its being displayed,

published, distributed, or included in a programme

service whether by himself or another, or

(b)
in the case of a recording, its being distributed, shown,

played, or included in a programme service, whether by

himself or another,


is guilty of an offence if he intends religious hatred to be stirred

up thereby.

(2)
For this purpose regard shall be had to such display, publication,

distribution, showing, playing, or inclusion in a programme

service as he has, or it may be reasonably be inferred that he has,

in view.

29H
Powers of entry and search

(1)
If in England and Wales a justice of the peace is satisfied by

information on oath laid by a constable that there are reasonable

grounds for suspecting that a person has possession of written

material or a recording in contravention of section 29G, the

justice may issue a warrant under his hand authorising any

constable to enter and search the premises where it is suspected

the material or recording is situated.

(2)
If in Scotland a sheriff or justice of the peace is satisfied by

evidence on oath that there are reasonable grounds for

suspecting that a person has possession of written material or a

recording in contravention of section 29G, the sheriff or justice

may issue a warrant authorising any constable to enter and

search the premises where it is suspected the material or

recording is situated.

(3)
A constable entering or searching premises in pursuance of a

warrant issued under this section may use reasonable force if

necessary.

(4)
In this section “premises” means any place and, in particular,

includes—

(a)
any vehicle, vessel, aircraft or hovercraft,

(b)
any offshore installation as defined in section 12 of the

Mineral Workings (Offshore Installations) Act 1971, and

(c)
any tent or moveable structure.

29I
Power to order forfeiture

(1)
A court by or before which a person is convicted of—

(a)
an offence under section 29B relating to the display of

written material, or

(b)
an offence under section 29C, 29E or 29G,

(  5  )


shall order to be forfeited any written material or recording

produced to the court and shown to its satisfaction to be written

material or a recording to which the offence relates.

(2)
An order made under this section shall not take effect—

(a)
in the case of an order made in proceedings in England

and Wales, until the expiry of the ordinary time within

which an appeal may be instituted or, where an appeal is

duly instituted, until it is finally decided or abandoned;

(b)
in the case of an order made in proceedings in Scotland,

until the expiration of the time within which, by virtue of

any statute, an appeal may be instituted or, where such

an appeal is duly instituted, until the appeal is finally

decided or abandoned.

(3)
For the purposes of subsection (2)(a)—

(a)
an application for a case stated or for leave to appeal shall

be treated as the institution of an appeal, and

(b)
where a decision on appeal is subject to a further appeal,

the appeal is not finally determined until the expiry of the

ordinary time within which a further appeal may be

instituted or, where a further appeal is duly instituted,

until the further appeal is finally decided or abandoned.

(4)
For the purposes of subsection (2)(b) the lodging of an

application for a stated case or note of appeal against sentence

shall be treated as the institution of an appeal.

29J
Protection of freedom of expression

Nothing in this Part shall be read or given effect in a way which

prohibits or restricts discussion, criticism or expressions of

antipathy, dislike, ridicule, insult or abuse of particular religions

or the beliefs or practices of their adherents, or of any other belief

system or the beliefs or practices of its adherents, or proselytising

or urging adherents of a different religion or belief system to

cease practising their religion or belief system.

Supplementary provisions

29K
Savings for reports of parliamentary or judicial proceedings

(1)
Nothing in this Part applies to a fair and accurate report of

proceedings in Parliament or in the Scottish Parliament.

(2)
Nothing in this Part applies to a fair and accurate report of

proceedings publicly heard before a court or tribunal exercising

judicial authority where the report is published

contemporaneously with the proceedings or, if it is not

reasonably practicable or would be unlawful to publish a report

of them contemporaneously, as soon as publication is reasonably

practicable and lawful.

29L
Procedure and punishment

(1)
No proceedings for an offence under this Part may be instituted

in England and Wales except by or with the consent of the

Attorney General.

(  6  )

(2)
For the purposes of the rules in England and Wales against

charging more than one offence in the same count or information,

each of sections 29B to 29G creates one offence.

(3)
A person guilty of an offence under this Part is liable—

(a)
on conviction on indictment to imprisonment for a term

not exceeding seven years or a fine or both;

(b)
on summary conviction to imprisonment for a term not

exceeding six months or a fine not exceeding the statutory

maximum or both.

29M
Offences by corporations

(1)
Where a body corporate is guilty of an offence under this Part

and it is shown that the offence was committed with the consent

or connivance of a director, manager, secretary or other similar

officer of the body, or a person purporting to act in any such

capacity, he as well as the body corporate is guilty of the offence

and liable to be proceeded against and punished accordingly.

(2)
Where the affairs of a body corporate are managed by its

members, subsection (1) applies in relation to the acts and

defaults of a member in connection with his functions of

management as it applies to a director.

29N
Interpretation

In this Part—

“distribute”, and related expressions, shall be construed in

accordance with section 29C(2) (written material) and

section 29E(2) (recordings);

“dwelling” means any structure or part of a structure

occupied as a person’s home or other living

accommodation (whether the occupation is separate or

shared with others) but does not include any part not so

occupied, and for this purpose “structure” includes a tent,

caravan, vehicle, vessel or other temporary or moveable

structure;

“programme” means any item which is included in a

programme service;

“programme service” has the same meaning as in the

Broadcasting Act 1990;

“publish” and related expressions, in relation to written

material, shall be construed in accordance with section

29C(2);

“religious hatred” has the meaning given by section 29A;

“recording” has the meaning given by section 29E(2), and

“play” and “show”, and related expressions, in relation to

a recording, shall be construed in accordance with that

provision;

“written material” includes any sign or other visible

representation.””