Written evidence to be reported to the House
Criminal Justice and Immigration Bill
2:30 pm
Gareth Crossman: Proportionality is the test by which we determine whether something is properly criminal. Where we differ is that we try and take an overarching view; we do not draw a distinction and we do not try to create a hierarchy of rights. The danger is that this approach to legislation is creating hierarchies of benefits. There are some groups who are deemed worthy of protection and others who are not.
When the Commission for Equality and Human Rights is just about to come into operation and is supposed to take an overarching view of the idea of equalities and rights for all, I would be concerned about the message that it sends out for certain rights to be protected under the criminal law in a way that others are not. Yes, we agree about proportionality, but we also say that there must be consistency.