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Ministers defeated over gay hate | |
(about 4 hours later) | |
Ministers have admitted defeat in their efforts to remove a "free speech" defence from new laws against inciting homophobic hatred. | |
MPs have voted four times to scrap it but it has been repeatedly overturned in the Lords, who again last night voted by 179 to 135 to keep it. | |
Among those concerned about the new law were some comedians who feared it would leave them open to prosecution. | |
Ministers argued only words intended to stir up hatred were being targeted. | |
An offence of inciting hatred on the grounds of sexual orientation was brought in by legislation last year. | |
'Very disappointed' | |
But a "free speech" defence was inserted by Conservative peer Lord Waddington and the government ran out of parliamentary time to remove it. | |
The law has not been brought into force while the government sought to remove the defence - but on Thursday, the last day of this Parliamentary session, Justice Secretary Jack Straw admitted defeat. | |
The offence only covers words or behaviour that are threatening and intended to stir up hatred Ministry of Justice | |
A Ministry of Justice spokeswoman said the government was "very disappointed" at the Lords vote, adding: "There is no doubt about the threshold of this offence. No 'freedom of expression' section is needed to explain it. The threshold is a high one. | |
"The offence only covers words or behaviour that are threatening and intended to stir up hatred." | |
But she added the government could no longer delay the passage of the Coroners Bill. | |
"It is with considerable disappointment, therefore, that the government has agreed not to remove the 'freedom of expression' section." | |
Threatening behaviour | |
She added that the law against inciting homophobic hatred would now be brought into force "as quickly as possible" and would return to the issue in future "should it prove necessary to do so in the light of experience". | |
The law is intended to protect gay people from threatening behaviour, amid fears attacks are increasing. | |
If we are to finish up with a free speech clause in the religious hatred offence but no free speech clause here, we're simply asking for trouble Lord Waddington New defeat over homophobia laws | |
MPs have, on four occasions, voted to remove the free speech clause from the bill by large majorities during its passage through Parliament. | |
Ahead of Wednesday's vote justice minister Lord Bach warned peers: "There must come a point where this House, with all its great virtues, gives way to the House that has been elected by the people of this country." | |
But Lord Waddington, who inserted the defence of free speech into legislation covering religious hatred last year, said peers had to maintain consistency. | |
"If we are to finish up with a free speech clause in the religious hatred offence but no free speech clause here, we're simply asking for trouble." | "If we are to finish up with a free speech clause in the religious hatred offence but no free speech clause here, we're simply asking for trouble." |
He said there was no "dispute" about the need for laws outlawing incitement to hatred on ground of sexual orientation. | He said there was no "dispute" about the need for laws outlawing incitement to hatred on ground of sexual orientation. |
"The question is what conceivable benefit will accrue from the repeal of a safeguard for free speech... without waiting to see whether in practice it interferes in any way with proper enforcement of the law." | "The question is what conceivable benefit will accrue from the repeal of a safeguard for free speech... without waiting to see whether in practice it interferes in any way with proper enforcement of the law." |
Labour peer Lord Smith, who was the first MP to come out openly as gay, warned that a free speech clause could lead to more attacks on homosexuals. | |
"If the signal that is sent is that it is all right to be intolerant... then I fear that we will end up seeing more violence," he said. | "If the signal that is sent is that it is all right to be intolerant... then I fear that we will end up seeing more violence," he said. |
There are no national statistics on homophobic crime but individual police forces such as Merseyside and Strathclyde reported annual rises of over 30% in their latest figures. | There are no national statistics on homophobic crime but individual police forces such as Merseyside and Strathclyde reported annual rises of over 30% in their latest figures. |
Some comedians have criticised the law, saying it could stifle creativity and even lead to the threat of people being arrested over jokes. | |