May 30, 2006 13:52
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom (citation 2006 c. 1) which creates an offence of inciting (or 'stirring up') hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.
Controversy
The bill contains wording to amend the Public Order Act 1986:
Section 29A
Meaning of "religious hatred"
In this Part "religious hatred" means hatred against a group of persons defined by reference to religious belief or lack of religious belief.
Section 29B:
(1) A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred.
Critics of the Bill (before the amendments noted below, adding the requirement for the intention of stirring up hatred) claimed that the Act would make major religious works such as the Bible and the Qur'an illegal in their current form in the UK. Comedians and satirists also feared prosecution for their work. Leaders of major religions and race groups, as well as non-religious groups such as the National Secular Society, English PEN spoke out in order to campaign against the Bill. Supporters of the Bill pointed out that all UK legislation has to be interpreted in the light of the Human Rights Act, which guarantees freedom of religion and expression. They therefore rejected the suggestion that any Act of Parliament is capable making any religious text illegal.
The House of Lords passed amendments to the Bill on 25th October 2005 which have the effect of limiting the legislation to "A person who uses threatening words or behaviour, or displays any written material which is threatening ... if he intends thereby to stir up religious hatred". This removed the abusive and insulting concept, and required the intention - and not just the possibility - of stirring up religious hatred.
The Government attempted to overturn these changes, but lost the House of Commons votes on 31st January 2006.