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| Version 2 | Version 3 |
|---|---|
| Labour defeat on incitement laws | Labour defeat on incitement laws |
| (30 minutes later) | |
| Labour has been defeated in the Lords over the issue of free speech and laws against inciting homophobic hatred. | Labour has been defeated in the Lords over the issue of free speech and laws against inciting homophobic hatred. |
| Ministers sought to remove a clause which permitted free speech to be used as a legitimate defence in such cases. | |
| But an amendment preserving the clause, tabled by Tory peer Lord Waddington among others, was agreed by 53 votes. | |
| The issue was not about legal protection, he said, but whether any "criticism of sexual practice" should be regarded as inciting hatred. | |
| 'Different circumstances' | 'Different circumstances' |
| Ministers sought to overturn a provision in last year's Criminal Justice and Immigration Bill over the law on incitement to hatred on the grounds of sexual orientation and defences against prosecution under the legislation. | Ministers sought to overturn a provision in last year's Criminal Justice and Immigration Bill over the law on incitement to hatred on the grounds of sexual orientation and defences against prosecution under the legislation. |
| The government had been under pressure to pass the bill at the time for broader political reasons but indicated that it would revisit the matter at a later date. | The government had been under pressure to pass the bill at the time for broader political reasons but indicated that it would revisit the matter at a later date. |
| But on Thursday, its attempts to overturn the provision during passage of the Coroners and Justice Bill failed. | But on Thursday, its attempts to overturn the provision during passage of the Coroners and Justice Bill failed. |
| The freedom of expression section only serves to make the offence less clear Ministry of Justice spokesman | The freedom of expression section only serves to make the offence less clear Ministry of Justice spokesman |
| The provision at issue provides protection for "discussion or criticism of sexual conduct or practice" when it can be proved it is not intended to stir up or incite hatred. | The provision at issue provides protection for "discussion or criticism of sexual conduct or practice" when it can be proved it is not intended to stir up or incite hatred. |
| Lord Waddington, the former Conservative home secretary who tabled the amendment, said the issue was not about the need for legal protection against homophobia. | Lord Waddington, the former Conservative home secretary who tabled the amendment, said the issue was not about the need for legal protection against homophobia. |
| "The issue is whether there should be a provision to protect free speech similar to that in the offence of stirring up religious hatred," he told peers. | "The issue is whether there should be a provision to protect free speech similar to that in the offence of stirring up religious hatred," he told peers. |
| "One must look at the circumstances and the manner in which the words are spoken to see whether they were in fact threatening and driven by hate." | "One must look at the circumstances and the manner in which the words are spoken to see whether they were in fact threatening and driven by hate." |
| 'High threshold' | 'High threshold' |
| The Ministry of Justice said the defeat was "disappointing" and that it would seek to overturn it when the bill returned to the Commons later this year. | The Ministry of Justice said the defeat was "disappointing" and that it would seek to overturn it when the bill returned to the Commons later this year. |
| A spokesman said the threshold for prosecution under the law would be a "high one". | A spokesman said the threshold for prosecution under the law would be a "high one". |
| "The offence only covers words or behaviour that is threatening and intended to stir hatred. | "The offence only covers words or behaviour that is threatening and intended to stir hatred. |
| "The freedom of expression section only serves to make the offence less clear and could be used by those attempting to justify stirring up hatred by a free speech argument." | "The freedom of expression section only serves to make the offence less clear and could be used by those attempting to justify stirring up hatred by a free speech argument." |