New Clause 11 — Guidance on offences that involve hatred on grounds of sexual orientation

Part of Pension Credit and Personal Expense Allowance (Duty of Consultation and Review) – in the House of Commons at 4:45 pm on 24th March 2009.

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Photo of David Howarth David Howarth Shadow Secretary of State for Justice 4:45 pm, 24th March 2009

That is why it is very important that we have specific legislation to give guidance to the authorities about how they implement the new laws. The offence that is usually referred to, as in the cases of Miguel Hayworth and Stephen Green, concerns section 5 of the Public Order Act 1986, whereby it is a crime to use threatening, abusive or insulting words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. In my view, that provision is in itself a violation of freedom of speech. It seems to allow prosecution merely for insults, and for insults that are merely likely to cause distress but have not necessarily done so.

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