UK Parliament / Open data

Terrorism Bill

Proceeding contribution from David Heath (Liberal Democrat) in the House of Commons on Wednesday, 9 November 2005. It occurred during Debate on bills on Terrorism Bill.
I am grateful to you, Mr. Deputy Speaker. I was wondering whether I would be required to give a sedentary response. My hon. Friend the Member for Oxford, West and Abingdon (Dr. Harris) is absolutely right. There are circumstances in which scripture could clearly be used as an incitement to violence, and there are times when that should be prosecutable, but there are also times when, under an objective test of recklessness—when it is not the speaker’s intention to incite or encourage such an act in any way—scripture could fall foul of the clause. That is a serious matter. The Government are keen for there to be a read-across between this part of the Bill and an equivalent part of the Racial and Religious Hatred Bill. We know that that is part of the game-playing, aimed at including an identical definition in two controversial Bills so that they can be used in conjunction with each other. We have limited time and I do not want to speak at length to the amendment in my name, but I should point out to the hon. and learned Member for Medway that although I am always encouraged by his arguments and he made a cogent case, I have a serious concern with his amendment, which is the use of the word ““reasonable”” and the phrase"““whether the statement will have that effect upon reasonable members of the public.””" By definition, we are dealing with unreasonable members of the public in talking about incitement to terrorism. I appreciate that his test will be whether he, as the speaker of such a statement, would have expected"““that effect upon reasonable members of the public””," but I can foresee circumstances in which the effect will be on those who are distinctly unreasonable, in that they are predisposed to committing acts of terrorism. That is a flaw in his definition, but he may disabuse me of that view.

About this proceeding contribution

Reference

439 c403-4 

Session

2005-06

Chamber / Committee

House of Commons chamber
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