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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 

328

 

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 

329

 

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 

331

 

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 

332

 

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 

333

 

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


 
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