Freedom of Speech: Hate Crime

Debate between Baroness Vere of Norbiton and Lord Vinson

Wednesday 6th December 2017 Lords Chamber

[Lord Vinson]

To ask Her Majesty’s Government, further to the Written Answer by Baroness Vere of Norbiton on 20 November (HL2876), what assessment they have made of the impact on freedom of speech of the definition of hate crime recently adopted by the Crown Prosecution Service to facilitate the reporting of incidents which is wider than the legal definition of such crime under the Crime and Disorder Act 1998 and the Criminal Justice Act 2003.

[Baroness Vere of Norbiton (Con)]

My Lords, the CPS seeks to balance the right to freedom of speech and expression with the duty of the state to act proportionately against those who wish to deepen and extend divisions in the social fabric of our nation. The public statements and the guidance are clear. The CPS recognises the potential impact of overzealous prosecutions on rights under Article 10 of the European Convention on Human Rights. Currently, we feel that the balance is correct.

[Lord Vinson (Con)]

I thank the Minister for her understandably somewhat evasive reply; I hope she is really concerned at the continuous attrition of freedom of speech. She will be aware that the Crown Prosecution Service, by widening unilaterally the definition of racially aggravated crime, has made a bad situation worse. People are afraid to speak their mind, and even a remark can be a criminal offence. Does she agree that freedom of expression must come before bruised feelings? Will she please instruct the CPS to re-examine its instructions and thus protect our ancient liberties?

[Baroness Vere of Norbiton]

I thank my noble friend for his series of questions. The CPS legal guidance and public statements on all strands of hate crimes were revised and published in August 2017. However, the flagging definition of hate crime was not changed—indeed, it has been the same since 2007. Both the police and the CPS use this definition to flag potential hate crime. He also mentioned the attrition of freedom of speech. I am afraid once again to disappoint my noble friend, but I am not sure I can agree with him. I am an avid user of Twitter and think we could all agree that there is freedom of speech on a daily basis, and perhaps increased vociferousness, which I think is a good thing.