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Lord Hardie moved Amendment No. 66:
On Question, amendment agreed to.
Clause 83 [Offences racially aggravated]:
The Earl of Mar and Kellie moved Amendment No. 67:
The noble Earl said: My Lords, in this group of amendments, starting with Amendment No. 67 and running through to Amendment No. 73, we return to the question of religious intolerance, prejudice and bigotry and whether the matter should be included in the Bill. I had intended to raise this issue at the end of the Report stage but ran out of time and had to run for the sleeper.
I have read the official report of our late-night debate on the earlier section; and while we are debating the subject slightly earlier tonight, I am still not convinced that the case has been refuted.
I believe that our debate focused on religion as an intellectual activity. I referred to it as doctrinal differences. This is not the substance of the sectarianism that can be so prevalent in the cultural life of Scotland. Much of this sectarianism is rooted in intolerance and
I acknowledge that there are many indigenous families in Scotland who have never adopted the reformed faith, but this discrimination against the Catholic population, and vice versa, is now based on historic and cultural grounds but has little to do with any doctrinal or philosophical beliefs. It is unfair and harmful to attack someone for their cultural background and their family's indigenous or immigrant status. They can do nothing about it.
For these reasons of discrimination over historic migration, I return to this subject. From this perspective I see no difference between an historic immigrant from Ireland or from anywhere else. I beg to move.
Lord Hardie: My Lords, the amendments have a similar intention to the amendments to Clause 28, which was formerly Clause 26, laid by the noble Earl, Lord Mar and Kellie, and the noble and learned Lord, Lord Mackay of Drumadoon, which we discussed in Committee and on Report. In responding to the debate on the amendments, I made clear that the Government abhor all crimes based on bigotry of any sort. However, I also explained our view that there would be difficulties associated with extending the scope of the clause, as the noble Earl suggests. The Bill deals with the particular problem on which we consulted, namely racial crime.
This measure is intended to reinforce the protection given to members of our society who are particularly vulnerable to the action of bigoted criminals and builds on long-standing legislation which seeks to protect individuals from prejudice on grounds of race. I reiterate the Government's condemnation of crimes motivated by religious bigotry. But for the reasons I have already explained, I ask the noble Earl to withdraw the amendments.
I should also deal with the point he mentioned specifically tonight. The amendments speak in general terms about religion. Religion is wider than the Roman Catholic religion based on Irish background. Indeed, there are many religions which are not based in Ireland. I remind the noble Earl that at an earlier stage in the passage of this Bill I referred to the Church of Scotland committee which accepted that there was a distinction between religious bigotry and racial discrimination and that the appropriate committee of the Church accepted that a distinction could and should be made. In those circumstances, that would give support to the approach that the Government have taken in consulting on racial discrimination.
Having said that, I wish to emphasise again that the Government disapprove and abhor religious bigotry as much as any other form of bigotry. I invite the noble Earl to withdraw the amendments.
The Earl of Mar and Kellie: My Lords, the discussion about white immigrants who are cast into
Amendment, by leave, withdrawn.
[Amendments Nos. 68 to 73 not moved.]
Clause 86 [Power to release short-term prisoners on licence]:
Clause 99 [General interpretation]:
Lord Williams of Mostyn moved Amendment No. 75:
The noble Lord said: My Lords, in moving Amendment No. 75, I speak also to Amendment No. 76. These are minor government amendments. A typographical error is corrected by Amendment No. 75. Amendment No. 76 defines the term "guardian" for the purposes of the Bill. The Bill has several references to a child guardian. We thought that a definition would be helpful. Therefore we have used the same meaning as is found in Section 107 of the Children and Young Persons Act 1933.
On Question, amendment agreed to.
Lord Williams of Mostyn moved Amendment No. 76:
The noble Lord said: My Lords, I have already spoken to this amendment. I now beg to move it formally.
On Question, amendment agreed to.
Clause 103 [Short title, commencement and extent]:
[Amendments Nos. 77, 78 and 79 not moved.]
Lord Hardie moved Amendments Nos. 80 to 84:
The noble Lord said: My Lords, I beg to move these amendments formally en bloc.
On Question, amendments agreed to.
Schedule 3 [Procedure where persons are sent for trial under Section 45]:
Lord Hardie moved Amendment No. 85:
The noble Lord said: My Lords, I beg to move Amendment No. 85 formally.
On Question, amendment agreed to.
Schedule 6 [Drug treatment and testing orders: Amendment of the 1995 Act]:
Lord Hardie moved Amendments Nos. 86 to 96:
The noble Lord said: My Lords, I beg to move Amendments Nos. 86 to 96 en bloc formally.
On Question, amendments agreed to.
Schedule 7 [Pre-consolidation amendments: powers of criminal courts]:
Lord Hardie moved Amendment No. 97:
The noble Lord said: My Lords, I beg leave to move Amendment No. 97 formally.
On Question, amendment agreed to.
Schedule 8 [Minor and consequential amendments]:
Lord Hardie moved Amendments Nos. 98 and 99:
The noble Lord said: My Lords, I beg leave to move Amendments Nos. 98 and 99 formally.
On Question, amendments agreed to.
Schedule 9 [Transitional provisions and savings]:
Page 66, line 9, after ("234E") insert ("of this Act").
Page 71, line 35, leave out ("racially").
Page 82, line 15, leave out ("1979") and insert ("1997").
Page 82, line 16, at end insert--
(""guardian" has the same meaning as in the 1933 Act;").
Page 83, line 20, leave out ("76") and insert ("51A, 75A").
Page 83, line 22, at end insert--
("( ) section 30(A3), (1) and (4);").
Page 83, line 31, leave out ("Section 100 above extends") and insert ("Section 30(A1), (A2)(a), (b) and (d) and (5)(b) and section 100 above extend").
Page 83, line 32, at beginning insert ("Section 30(A3)(b), (1) and (4) above,").
Page 83, line 40, at end insert--
("( ) The repeals in Schedule 10 to this Act, and section 102(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.").
Page 90, line 10, leave out ("(5)") and insert ("(7)").
Page 103, line 46, leave out ("234H") and insert ("234J").
Page 104, line 10, leave out ("234H") and insert ("234J").
Page 104, line 20, leave out ("234A(2)") and insert ("234B(2)").
Page 104, line 30, leave out ("234A(2)") and insert ("234B(2)").
Page 104, line 46, leave out ("234B(1)") and insert ("234C(1)").
Page 104, line 49, leave out ("234B(6)") and insert ("234C(6)").
Page 105, line 13, leave out ("234F(2)(b)") and insert ("234G(2)(b)").
Page 105, line 20, leave out ("234F(2)(b)") and insert ("234G(2)(b)").
Page 105, line 22, leave out ("233(2)(c)") and insert ("232(2)(c)").
Page 105, line 31, leave out ("234F(2)(b)") and insert ("234G(2)(b)").
Page 105, line 37, leave out ("234F") and insert ("234G").
Page 109, line 35, leave out from ("In") to ("for") and insert ("subsection (6) of section 1 of the 1973 Act (deferment of sentence), for the words "13(1), (2) and (5)" there shall be substituted the words "13(1) to (3) and (5).
(2) In subsection (8) of that section,").
Page 130, line 27, at end insert--
("51A. In section 39 of that Act (rules for the management of prisons) after subsection (7) there shall be inserted the following subsection--
"(7A) In the application of subsection (7) above to a prisoner subject to an extended sentence within the meaning of section 210A of the 1995 Act, the reference to his sentence shall be construed as a reference to the custodial term of that extended sentence.".").
Page 135, line 40, at end insert--
("75A. In subsection (1) of section 1 of the 1993 Act (release of short-term, long-term and life prisoners), at the beginning there shall be inserted the words "Subject to section 26A(5C) of this Act,".").
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