Lord McCrea of Magherafelt and Cookstown
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Public Order Act 1986: Section 5
Lord McCrea of Magherafelt and Cookstown Excerpts(3 days, 15 hours ago)
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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.
Lord McCrea of Magherafelt and Cookstown (DUP)
My Lords, if such a review were to take place, would the Minister and the Government reaffirm that exercising the freedom to stand silently praying in a public place is not an act of hostility and should therefore not be considered a criminal office within the United Kingdom?
Lord Hanson of Flint (Lab)
The act of standing and making a protest is a fair and open act. It will not be covered by Section 5 of the Public Order Act. If the noble Lord is referring, as he may be—and if he is not, I apologise—to the question of abortion clinics and abortion legislation, the Government have passed legislation on this matter. Silent protest is allowed, but not within a limit set by law. That is fair and appropriate for people who wish to protest, as well as for people who wish to access a service that this House and the House of Commons have passed as being legal.