Question to the Ministry of Housing, Communities and Local Government:

To ask His Majesty's Government whether the new definition of anti-Muslim hostility is intended to define unlawful conduct, or whether it also covers non-criminal conduct; and if the latter, what safeguards exist to prevent non-criminal speech being treated as misconduct by employers, regulators, or public bodies.

The Government has not adopted the All Party Parliamentary Group on British Muslims Definition of Islamophobia, and has not issued guidance to organisations who have.

On the 9 March, the Government adopted a non-statutory definition of anti-Muslim hostility, informed by advice from an independent Working Group. An overview of the definition, including its coverage, scope and terminology, is published on GOV.UK (and attached).

The definition uses the terminology “anti-Muslim hostility”, which reflects the wider prejudice and discrimination Muslims face, and squarely focuses on Muslims as individuals rather than Islam as a religion. “Hostility” focuses on actions and conduct rather than simply the holding of beliefs.

The definition covers the different aspects of hostility Muslims face: criminal acts, discrimination on the basis of being Muslim or perceived to be Muslim, and also the way in which Muslims can be treated as a collective group defined by fixed and negative characteristics with the intention to encourage hatred against them.

The definition upholds our shared fundamental right to free speech, and the accompanying text in the definition publication underscores how lawful criticism, debate and even ridicule of all religions, including Islam, is safeguarded, as are raising concerns in the public interest. But hostility with the intention of encouraging hatred against others because they are Muslim or perceived to be Muslim is conduct government is committed to challenging.

The definition is non-statutory and does not change what is or is not a crime, nor does it equate anti-Muslim hostility with crime. Some actions set out in the definition would constitute criminal acts as well as being examples of anti-Muslim hostility, but the definition also sets out non-criminal conduct or behaviour which would constitute anti-Muslim hostility.