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Business of the House (19 Nov 2009)

Evan Harris: The Equality Bill, as the Leader of the House will know, has 15 parts, 21 chapters, 207 clauses and 28 schedules. I raised with her the importance of full scrutiny of the Bill on Report on 11, 18 and 25 June, 2 July and 15 October, as well as on 16 July, when she said: "we will want to ensure that we make the Bill an exemplar of how the House should scrutinise Bills on Report".-[...

Written Answers — Home Department: Advisory Council on the Misuse of Drugs (12 Nov 2009)

Evan Harris: To ask the Secretary of State for the Home Department for what reasons the minutes of the Advisory Council on the Misuse of Drugs meeting from November 2008 are not available

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: The measures the Minister has just read out would enable discrimination to be applied to those who assist in the observance of religion. Can he confirm that in theory, the drafting would allow a church to restrict organists based on sex, sexual orientation or the other grounds listed? The wording is "leading or assisting" in liturgy.

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: That is an interesting clarification. I must confess that I have not studied the detail of the law in this area. However, if the hon. Gentleman is right, the question is whether the Church of England should seek a different exemption that would give it the flexibility to decide whatever it wants, or whether it will be satisfied to be straitjacketed into an either/or situation. That is a...

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: It is a pleasure to rise, somewhat earlier than I had anticipated, to participate in the debate, which was expertly introduced by the hon. Member for Salisbury (Robert Key). It is a pleasure to hear him speak with so much authority on these matters—as he does on matters of science, as I know from my experience—even as a lay person, to use the term in its non-scientific sense. It...

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: I understand the hon. Lady's position, and I am glad that she has had the opportunity to state it. I was just explaining why, in the first instance, we believe that disestablishment is the way forward. People of all religions and of no religion in our party hold that view. My hon. Friends the Members for North Southwark and Bermondsey (Simon Hughes) and for Northavon (Steve Webb) and for...

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: I disagree. Furthermore, I was puzzled by what the hon. Gentleman said in his speech. Let us say that a religious organisation that is not established came to us and said, "We are thinking of changing the way in which we discriminate. We are not going to discriminate as much, but we will still have a two-tier system because some bishops or priests will have their authority limited on the...

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: No, that is wrong. I am not a lawyer, and I spent far too long on the Equality Bill to want to return to it on an Adjournment debate on a Wednesday afternoon. Discrimination is not just about a priori criteria. If we treat someone differently in their job on the basis of their gender—in other words, make them a different type of bishop because of their gender or because someone else is...

[Mr. Edward O'Hara in the Chair] — Sex Discrimination (Religious Organisations) (11 Nov 2009)

Evan Harris: In so far as I have a view on the way in which any religion organises itself, I think that there should not be any discrimination. When my constituents write to me and ask me what I think, I reply, "If it comes to me and I have to make a decision, I will vote on the least discriminatory basis." However, I will do so conscious of the fact that I am, in a sense, interfering in a club of which I...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: I am grateful to the Minister for re-confirming what the Government said in response to the Joint Committee on the matter. I welcome that, as far as it goes, but can she give any indication of a time scale for any legislation that might flow from that review? In other words, if there is a criminal justice Bill in the next Queen's Speech—as sure as night follows day, there will...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: This offence has not existed for long while the free speech saving clause has been in place, so I do not think that there has been an issue in that regard. What we must deal with is the existing mischief, rather than hypothetical situations. There is a real threat of incitement to homophobic hatred by extremist political parties, as opposed to the religious. The example that I gave would not...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: What if I say to the hon. and learned Gentleman that the wording was, "These gays had better keep their dirty practices away from our children"? There is a threat in that wording, but is the hon. and learned Gentleman saying that that of itself should not be taken to be threatening or intended to stir up hatred? This is the difficulty, and I note that the hon. and learned Gentleman is not...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: That is the opinion of the hon. and learned Gentleman, but it is not apparent in the wording of the saving clause. It could be taken to lead people to believe that as long as they talked only about sexual conduct or practices and not about homosexuality itself, nor about people themselves, that was a get-out. It is no good saying, "Well, when the first case is prosecuted, this will filter out...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: What matters is whether the mob stirred up thinks it is, because that is what causes the damage. It is not for the court to decide whether it is a reasonable statement. The court has to decide whether it stirs up hatred, whether it was intended to stir up hatred and whether the language was threatening; and after the damage has been done it is too late for Members to come back and say, "Well,...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: I do not accept that that is clear, but I also feel strongly that whether or not that is the case, it is not apparent to people reading the statute what the saving clause does and does not allow; that is simply not clear. To put the words "for the avoidance of doubt" in front of the provision does not make it any clearer. In fact, it makes it seem that it should be obvious, and when it is not...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: I do not think that any of these people would be prosecuted under the law before us, but they clearly remain at risk of being investigated, and potentially prosecuted and convicted, under section 5 of the Public Order Act. The Minister could do us all a favour by helping those of us who want to help the Government by saying something substantive on that point. I think that she and her right...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: It is good to be back on this subject. I always predicate my remarks on these issues with the words of the late and greatly missed Linda Smith, who said. "I'm not religious; I get on with everyone." I doubt whether that could apply to me, but it is fair to say that I have a record of protecting free speech. That is true in respect of religious hatred—as the hon. and learned Member for...

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: It would be much less, because the police clearly would not investigate in the outrageous cases about which we have heard. The treatment of Pauline Howe, whom the hon. Gentleman mentioned earlier, was not disproportionate but absurd. It was disgraceful that the police wasted their time on such a matter. If the "insulting" provision was not there, I am certain that the problem would be less....

Bill Presented: Clause 61 — Hatred against persons on grounds of sexual orientation (9 Nov 2009) has video

Evan Harris: I am an eternal optimist, and I believe that we should aim for the right legislation, not create the wrong legislation on the way to getting the right legislation. My hon. Friends and I will support the Government in the Lobby tonight, and I suspect that there will be another large majority in favour of deleting the provision, so the matter will go back to the House of Lords. However, their...

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