What the hon. Gentleman says is relevant to the new schedule, which seeks to deal with circumstances already established by case law—circumstances in which an attack on someone’s racial and ethnic identity is made through the medium of his religion.
I agree with the hon. Gentleman on another point. I have never had the impression that the clause protecting Jews and Sikhs from racial hatred was intended to protect them from criticism, even vigorous criticism—or even the fomenting of dislike—on the basis of their religious views. The Minister may correct me, but I know of no prosecution that has been brought on the basis that criticism was in fact criticism of their religious views. In my experience, such prosecutions have generally been brought as a result of far wider attacks on people’s ethnic identity. To that extent, I have always thought that the anxiety apparently expressed by the Muslim community in Britain, which the Bill seems to want to address, is fundamentally misplaced.
Let us assume for a moment, however, that the Government wish to cure that problem. One way of doing so would be to adopt the new schedule. We have been over this ground before, and I leave it to the hon. Member for Orkney and Shetland (Mr. Carmichael) to speak to the new schedule, which has been described as the Lord Lester amendment. I will say, though, that it has the merit of allowing protection to be set down in statute for those who are under attack on the basis of their ethnic identity through the medium of their religion. The courts have already succeeded through case law, but the new schedule would set it down in black and white, and I think it would provide a really effective compromise. We have mentioned that before, and I look forward to hearing the Minister explain why it is not a better approach.
I apologise for taking up so much time, but the issues are lumped together. This is an important group of proposals. I urge the Minister to respond positively, because if we do not find a way forward, the Bill will go nowhere—or, at any rate, no further than the House of Commons. Moreover, we will introduce to an area in which I believe there is some agreement a further degree of party-politicisation, which I do not particularly welcome in the circumstances and which will continue until the Government decide—if they wish—to use the Parliament Act to force the Bill through.
That would not make the Bill any better. We have here a number of proposals which, if the Government responded to them positively, would at least provide a way forward. I must make it clear to the Minister that I have always considered the Lord Lester amendment to be the best option, but I hope that if they find it unacceptable, the Government will look sensibly at some of the other ideas.
Racial and Religious Hatred Bill
Proceeding contribution from
Dominic Grieve
(Conservative)
in the House of Commons on Monday, 11 July 2005.
It occurred during Debate on bills on Racial and Religious Hatred Bill.
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2005-06Chamber / Committee
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