Religious Hate Speech

Lord Pearson of Rannoch Excerpts

Wednesday 5th December 2018 Lords Chamber

Asked by

[Lord Pearson of Rannoch]

To ask Her Majesty’s Government whether section 29J of the Public Order Act 1986 remains in force, and if so, what is the basis in statute for the offence of religious hate speech.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, Part 3A of the Public Order Act 1986 relates to hatred against persons on religious or sexual orientation grounds. Section 29J provides that Part 3A should not be interpreted in a way that prohibits discussion or encouragement to cease practising of particular religions or beliefs. There is no criminal offence in the UK of hate speech.

[Lord Pearson of Rannoch (UKIP)]

My Lords, I thank the Minister for her reply. However, I fear that we are on our way to losing our freedom of speech in this area. I repeat a question I put a year ago, which the Government refused to answer: namely, whether a Christian who proclaims that Jesus is the only Son of the one true God can be arrested for hate speech if a Muslim feels insulted and complains to the police. By the same token, can a Muslim be arrested for preaching the supreme divinity of Allah if a Christian takes offence?

Secondly, can the Government assure your Lordships that they will not follow a new judgment from the Strasbourg court, which upholds Austria’s criminalisation of a lady who said that Muhammad was a paedophile? Or are we to have a new blasphemy law that prohibits discussion of Islam?

[Baroness Williams of Trafford]

My Lords, the noble Lord asked me a hypothetical question in an unspecified situation. The CPS and the police agreed definition of hate crime is used for the purposes of identifying and flagging only. The definition is: any criminal offence which is perceived to be motivated by hostility or prejudice based on a person’s actual or perceived disability, race, religion, sexual orientation or transgender identity. When flagged as a hate crime, the police will be satisfied that an offence has been committed and will then investigate evidence in support of the appropriate charge, as well as the aggravated element of hostility. It would not be appropriate for me, as I have just said, to confirm whether this is an example which would constitute a hate crime. That would be an operational decision both of the police and the CPS based on the specific circumstances.

On the Austrian situation, the judgment does not raise any issues which require any further consideration by this Government at this time.