wh1203101.327-333

House of Commons

Session 2005 - 06
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Other Bills before Parliament

327

House of Commons

Tuesday 31st January 2006

Proceedings

on Consideration of Lords Amendments

Racial and Religious Hatred Bill

Lords Amendment 1 Agreed to.

Lords Amendment No. 2

Mr Secretary Clarke
Negatived on division

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment Agreed to.

Lords Amendment 3 Agreed to.

Lords Amendment No. 4

Mr Secretary Clarke
Negatived on division

To move, That this House disagrees with the Lords in their Amendment.

Lords Amendment Agreed to.

Mr Secretary Clarke

To move the following Amendment to the Bill in lieu of the Lords Amendments 2 and 4:—

Not called

(a)

Leave out the Schedule and insert the following new Schedule:—

‘Hatred against persons on racial or religious grounds

1
The Public Order Act 1986 (c. 64) has effect subject to the following

amendments.

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued

2
For the heading for Part 3 substitute “Hatred against persons on racial
5
grounds”.

3
In section 18 (use of words or behaviour or display of written material) for

subsection (1)(b) substitute—

“(b)
having regard to all the circumstances, the words are, or the

behaviour or material is, likely to be heard or seen by any
10
person in whom they are, or it is, likely to stir up racial

hatred.”

4
In section 19 (publishing or distributing written material) for subsection (1)(b)

substitute—

“(b)
having regard to all the circumstances, the material is likely to
15
be seen by any person in whom it is likely to stir up racial

hatred.”

5
In section 20 (public performance of play) for subsection (1)(b) substitute—

“(b)
having regard to all the circumstances, the performance is

likely to be attended by any person in whom the performance
20
(taken as a whole) is likely to stir up racial hatred.”

6
In section 21 (distributing, showing or playing a recording) for subsection

(1)(b) substitute—

“(b)
having regard to all the circumstances, the recording is likely

to be heard or seen by any person in whom it is likely to stir
25
up racial hatred.”

7
In section 22 (broadcasting or including programme in programme service) for

subsection (1)(b) substitute—

“(b)
having regard to all the circumstances, the programme is

likely to be heard or seen by any person in whom it is likely to
30
stir up racial hatred.”

8
In section 23 (possession of racially inflammatory material)—

(a)
in subsection (1) for the words from “if he intends” onwards substitute

“if he intends racial hatred to be stirred up thereby or subsection (1A)

applies.”, and
35
(b)
after that subsection insert—

“(1A)
This subsection applies if, having regard to all the

circumstances, the material or recording is likely to be heard

or seen by any person in whom it is likely to stir up racial

hatred.”
40
9
In section 24(4)(b) (powers of entry and search: offshore installations) for “as

defined in section 1(3)(b)” substitute “within the meaning”.

10
In section 27 (procedure and punishment) after subsection (2) insert—

“(2A)
In proceedings for an offence under this Part in respect of any

conduct, it is irrelevant whether racial hatred was in fact
45
stirred up by the conduct in question.”

11
After Part 3 insert—

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued

“Part 3A

Hatred against persons on religious grounds

Meaning of “religious hatred”
50
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.

Acts done with intention or recklessness as to stirring up of religious hatred

29B
Use of words or behaviour or display of written material
55
(1)
A person who uses threatening, abusive or insulting words or

behaviour, or displays any written material which is threatening,

abusive or insulting, is guilty of an offence if—

(a)
he intends thereby to stir up religious hatred, or

(b)
he is reckless as to whether religious hatred would be stirred
60
up thereby.

(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
65
that or another dwelling.

(3)
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
70
dwelling.

(4)
A person who is not shown to have intended to stir up religious hatred

is not guilty of an offence under this section if—

(a)
he did not intend his words or behaviour, or the written

material, to be, and
75
(b)
he was not aware that they, or it, might be,


threatening, abusive or insulting.

(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.
80
29C
Publishing or distributing written material

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

threatening, abusive or insulting is guilty of an offence if—

(a)
he intends thereby to stir up religious hatred, or

(b)
he is reckless as to whether religious hatred would be stirred
85
up thereby.

(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 religious hatred

to prove that he was not aware of the content of the material and did

not suspect, and had no reason to suspect, that it was threatening,
90
abusive or insulting.

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued

(3)
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
95
(1)
If a public performance of a play is given which involves the use of

threatening, abusive or insulting words or behaviour, any person who

presents or directs the performance is guilty of an offence if—

(a)
he intends thereby to stir up religious hatred, or

(b)
he is reckless as to whether religious hatred would be stirred
100
up thereby.

(2)
If a person presenting or directing the performance is not shown to

have intended to stir up religious hatred, it is a defence for him to

prove—

(a)
that he did not know and had no reason to suspect that the
105
performance would involve the use of the offending words or

behaviour, or

(b)
that he did not know and had no reason to suspect that the

offending words or behaviour were threatening, abusive or

insulting.
110
(3)
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
115
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
120
have been given solely or primarily for the purposes mentioned above.

(4)
For the purposes of this section—

(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
125
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
130
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.

(5)
In this section “play” and “public performance” have the same
135
meaning as in the Theatres Act 1968.

(6)
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),

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued

140
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, abusive or insulting is guilty
145
of an offence if—

(a)
he intends thereby to stir up religious hatred, or

(b)
he is reckless as to whether religious hatred would be stirred

up thereby.

(2)
In this Part “recording” means any record from which visual images
150
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)
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 religious hatred
155
to prove that he was not aware of the content of the recording and did

not suspect, and had no reason to suspect, that it was threatening,

abusive or insulting.

(4)
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
160
programme service.

29F
Broadcasting or including programme in programme service

(1)
If a programme involving threatening, abusive or insulting visual

images or sounds is included in a programme service, each of the

persons mentioned in subsection (2) is guilty of an offence if—
165
(a)
he intends thereby to stir up religious hatred, or

(b)
he is reckless as to whether religious hatred would be stirred

up thereby.

(2)
The persons are—

(a)
the person providing the programme service,
170
(b)
any person by whom the programme is produced or directed,

and

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

(3)
If the person providing the service, or a person by whom the

programme was produced or directed, is not shown to have intended
175
to stir up religious hatred, it is a defence for him to prove that—

(a)
he did not know and had no reason to suspect that the

programme would involve the offending material, and

(b)
having regard to the circumstances in which the programme

was included in a programme service, it was not reasonably
180
practicable for him to secure the removal of the material.

(4)
It is a defence for a person by whom the programme was produced or

directed who is not shown to have intended to stir up religious hatred

to prove that he did not know and had no reason to suspect that the

programme would be included in a programme service.
185
(5)
It is a defence for a person by whom offending words or behaviour

were used and who is not shown to have intended to stir up religious

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued

hatred to prove that he did not know and had no reason to suspect that

a programme involving the use of the offending material would be

included in a programme service.
190
(6)
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 did not know, and

had no reason to suspect, that the offending material was threatening,

abusive or insulting.

Inflammatory material
195
29G
Possession of inflammatory material

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

threatening, abusive or insulting, or a recording of visual images or

sounds which are threatening, abusive or insulting, with a view to—

(a)
in the case of written material, its being displayed, published,
200
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,
205

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

thereby or is reckless as to whether religious hatred would 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
210
he has, or it may be reasonably be inferred that he has, in view.

29H
Powers of entry and search

(1)
If 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
215
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)
A constable entering or searching premises in pursuance of a warrant

issued under this section may use reasonable force if necessary.
220
(3)
In this section “premises” means any place and, in particular,

includes—

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

(b)
any offshore installation within the meaning of the Mineral

Workings (Offshore Installations) Act 1971, and
225
(c)
any tent or movable 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
230
(b)
an offence under section 29C, 29E or 29G,

Proceedings on Consideration of Lords Amendments: 31st January 2006
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Racial and Religious Hatred Bill, continued


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 until the expiry
235
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.

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

(a)
an application for a case stated or for leave to appeal shall be
240
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
245
appeal is finally decided or abandoned.

Supplementary provisions

29J
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.
250
(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
255
reasonably practicable and lawful.

29K
Savings for discussion, debate and criticism, etc.

(1)
For the avoidance of doubt it is hereby declared that a person is not

guilty of an offence under this Part by reason of anything done (by him

or another person) so far as—
260
(a)
it consists, or forms part, of a discussion or debate of issues

relating to any religion, religious belief or religious practice,

(b)
it consists of criticising, expressing antipathy towards,

abusing, insulting or ridiculing (or seeking to ridicule) any

religion, religious belief or religious practice, or
265
(c)
it is done with a view to persuading any person to convert to

any religion or adopt particular religious beliefs or to abandon

any religion or religious belief,


unless he intends thereby to stir up religious hatred or is reckless as to

whether religious hatred would be stirred up thereby.
270
(2)
For the avoidance of doubt it is hereby declared that—

(a)
a person is not guilty of an offence under this Part of intending

to stir up religious hatred if he intends to stir up hatred against

a religion, religious belief or religious practice but does not

also intend to stir up hatred against a group of persons defined
275
as mentioned in section 29A;

(b)
a person is not guilty of an offence under this Part of being

reckless as to whether religious hatred would be stirred up if

he is reckless as to whether hatred would be stirred up against