Memorandum submitted by Nick Mallett (CJ&I 192)

 

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 and practising solicitor, I firmly believe:

· that we should love and show love to all people, irrespective of their lifestyle, beliefs and sexual practices; and

· that the introduction of this proposed law is ill advised and poses a considerable danger to freedom of speech and freedom of religion.

The proposed change to 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.  To the best of my knowledge, the criminal law is nowhere else concerned solely with somebody's state of mind.  A mental process ("mens rea" as we used to say) is necessary for most crimes, but it is the act (the "actus reus") which is critical.  So it should remain.

Imagine this were a proposal to make it a criminal offence to 'incite hatred on the grounds of supporting [say] Chelsea FC'.  Ridiculous.  The police would have their hands full at every fixture, arresting a huge proportion of the opposition fans, for singing insulting songs, making rude gestures and the like.  If some of the opposition fans were to assault Chelsea fans, threaten to do so, incite others to do so, etc, one can understand why the police should intervene.  We do not need a law which protects Chelsea FC fans in this way.  The same should apply to sexuality.

I am (as openly as it is decent to be!) a practising heterosexual, married, a father of three and a grandfather of three.  Somebody may hate me on the grounds of my sexuality  I hope not, but it would not bother me unduly.  Neither should it bother the criminal law in the slightest!

The country has become largely indifferent to matters of sexual orientation.  I do not believe this is an area where "positive discrimination" is needed.  For all practical purposes, we either do not know, or do not care, about the sexual orientation of those with whom we come into contact.

Although it is not good to hate another person, nor is it a criminal offence merely to hate somebody - for reason of their sexuality or for any other reason. This law is a step towards 'thought crime', as it outlaws the act of trying to make someone hate something or someone else.  This proposal represents a small but significant limitation on freedom of speech, contrary to Article 10 of the European Convention on Human Rights.

Although Christians do not hate homosexuals but are commanded to love them, we 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. Like many advocates of free speech, I 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, and lost their positions at work. For more details of these cases please see previous briefings by Christian Concern for our Nation, or go to the CCFON cases briefing - see in particular cases numbers 2, 10, 11, 12, and 17 - http://www.christianconcernforournation.co.uk/Other/other.php

I reiterate my belief that hatred is not good, and that we should not encourage it, but we create grave and unnecessary problems for our nation if we criminalise the mere incitement towards hatred.

In light of these above concerns I would urge the Committee to uphold freedom of speech and to recognise that the proposed amendment is not only an unnecessary measure, but that it would endanger the freedoms that we now enjoy.

Thank you for taking the time to read my submission.

October 2007