Public Order Act 1986: Section 5

Baroness Berridge Excerpts

Tuesday 10th June 2025 Lords Chamber

Asked by

[Baroness Berridge]

To ask His Majesty’s Government whether they plan to review the operation of section 5 of the Public Order Act 1986 to ensure that it respects freedom of religion and belief in the United Kingdom.

[Baroness Berridge (Con)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and outline my interests as declared in the register.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

The Government have no plans to review Section 5 of the Public Order Act 1986 but remain committed to ensuring that all public order legislation protects both public safety and, importantly, individual freedoms.

[Baroness Berridge (Con)]

I thank the Minister for that Answer. Your Lordships’ House will be aware that freedom of religion or belief in the UK was hard won over many centuries. Citizens need to be able to peacefully criticise the tenets of someone’s faith or beliefs and institutions. Regrettably, recently the Crown Prosecution Service purported to charge an offence under the Public Order Act of

“intent to cause against religious institution of Islam, harassment alarm or distress”.

That is entirely wrong in law, as well as poor grammar. It raised emotions on an already delicate situation and had, of course, to be amended. While respecting the independence of the Crown Prosecution Service from both Parliament and government, will the Minister outline what review is being undertaken to ensure that the Crown Prosecution Service has adequate legal and religious knowledge and that senior leaders approve charges in cases such as this—I am assuming they did not approve that charge—to ensure that that does not happen again?

[Lord Hanson of Flint (Lab)]

The Government are absolutely committed to free speech and to ensuring that we are an open, diverse country where freedom of speech is valued and freedom of religion is maintained. If the noble Baroness is referring to a particular case that I am aware of in relation to the burning of the Koran recently, I take the view that the law should apply no matter what the religion or faith that is potentially impinged upon. The offence there was not because burning the Koran was illegal. The actions of the individual were seen by the Crown Prosecution Service, following police investigation, to be harassment and abusive action. In that case, the police investigated and collected evidence and put it to the CPS. The CPS looked at that evidence and the case was put before a court, where the individual was found guilty. The individual concerned is now appealing. I cannot say any more about that case. However, whatever we do, it is important that the law is applied equally, fairly and across all religions.