Clause 1 - Hatred against persons on racial or religious grounds
Racial and Religious Hatred Bill
10:45 am
Alistair Carmichael (Shadow Minister, Home Affairs; Orkney and Shetland, Liberal Democrat)
That would be judged on the facts and circumstances presented to the court. As with anything else, the evidence led by the prosecution would be required to demonstrate that the act was racially motivated and abusive, threatening and insulting.
If, for example, I said to the hon. Gentleman that as an Episcopalian he is to be hated because of his view on disestablishment or another theological or doctrinal point, that would clearly be religious or theological. If I were to call him a Church-of-England something—whatever expletive one would want to add—that would take the comment beyond religion. The Church of England is perhaps not the best example, but if someone were called a “Muslim bastard” or something of that sort, the comment would clearly be designed to be abusive, and one could draw from it certain inferences that are not in any way religious, theological or doctrinal. However, the short answer to the question is that it will depend on the nature of the evidence adduced.