Question to the Home Office:

To ask Her Majesty's Government, following reports that the Home Secretary will seek to change how non-crime hate incidents are recorded, what plans they have to compensate people who have been recorded as having committed such incidents; and how any such compensation would be calculated.

The Government recognises the concern surrounding the recording of non-crime hate incidents (NCHIs). We have also noted the recent Court of Appeal judgment in the Harry Miller v College of Policing case that was handed down on 20 December 2021. The Court found that the recording of non-crime hate incidents is lawful provided that there are robust safeguards in place so that the interference with freedom of expression is proportionate.

Accordingly, we are bringing forward amendments to the Police, Crime, Sentencing and Courts Bill to ensure that the recording of NCHIs is governed by a Code of Practice that is subject to Parliamentary approval. The content of the Code will be drafted in due course, and will make the processes surrounding the recording and retention of NCHI data more transparent and subject to stronger safeguards.

There are no plans to introduce a compensation scheme.