Memorandum submitted by Brian Mallalieu (CJ&I 136)
Dear Members of the Committee,
I am writing to express my deep concern about the proposed amendment to the Criminal Justice and Immigration Bill, which would make it a criminal offence to 'incite hatred on the grounds of sexuality'. As a committed Christian I firmly believe that we should love and show love to all people, irrespective of their lifestyle, beliefs and sexual practices. However, I also feel that the introduction of this proposed law is ill advised and poses a considerable danger to freedom of speech and freedom of religion in our nation.
I wish to make the following points for your consideration:
* The law is unnecessary. All people are protected from assault and threatening words or behaviour under the current criminal law. In addition, the law concerning incitement to commit a criminal offence would make it an offence for any person to incite an act of violence against another person, for whatever reason.
* Even though is not good to hate another person, it is currently not a criminal offence to hate somebody - for reason of their sexuality or for any other reason. This proposed law is another step towards 'thought crime', as it outlaws the act of trying to make someone hate something or someone else.
* Although Christians do not hate homosexuals but are commanded to love them, they are instructed in the bible to hate sin. The bible is also clear that God intended sex to be kept in a marriage relationship between one man and one woman. Many people may find such teaching offensive. They may even find it threatening. But it is an orthodox belief of the Christian Church, and the propagation of such teaching should not be criminalised. Many advocates of free speech would ascribe to the motto 'I disagree with what you say, but I will defend your right to say it'.
* Christians and others are already living in an atmosphere of fear when it comes to being allowed to speak openly about their beliefs regarding sexuality. There have been a number of examples in the media where people have been reported to the police, interviewed by police, taken to court and even prosecuted for speaking openly about sexuality, lost their positions at work. For example:
· Edinburgh University CU was banned from running a course on sexual purity on University premises. · Harry Hammond, a pensioner and street preacher, was convicted of a public order offence for carrying a sign saying "stop immorality, stop homosexuality". · Stephen Green was arrested at Cardiff's Mardi Gras for distributing leaflets quoting the bible passages on homosexual activity. · Glasgow firemen faced discipline for refusing to man an information stall at a gay pride event. · Family values campaigner, Lynette Burrows, was telephoned by police saying they were investigating a 'homophobic incident' after she said on radio that homosexual men may not be suitable for raising children. · The Bishop of Chester was investigated by the Cheshire constabulary after he told his local newspaper of research showing that some homosexuals re-orientated to heterosexuality. · A Member of the Scottish Parliament asked Strathclyde Police to investigate the Roman Catholic Archbishop of Glasgow after he said in a sermon that the moral teaching of the church was being undermined by the introduction of civil partnerships. · Joe and Helen Roberts were interrogated by police after they complained about their local council's 'gay rights' police. The police said it was a 'homophobic incident'. The police later admitted no crime had been committed and the police and council issued a public apology. · In 2006 the Western Isles Council in Scotland received hate mail and death threats because its registrars refused, on moral grounds, to conduct civil partnership ceremonies.
In light of these above concerns I would urge the Committee to uphold freedom of speech and to recognize that the proposed amendment is not only an unnecessary measure, but that it would endanger the freedoms that we now enjoy.
November 2007
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