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

But that guidance has nothing to do with this aspect of the Bill because it has not yet been brought into force. I am proposing guidance specifically about that aspect; the word "homophobia" does not exist in the provisions we are talking about. Furthermore, the guidance would have to be issued after consultation with the Attorney-General. That means that there will be accountability to this House over what that guidance says, through the Attorney-General or the Solicitor-General.

The effect of the second part of the new clause would be that the Attorney-General would also have to have regard to all rights of freedom of expression before a prosecution was brought. That would feed back through the system and create at least some hope of a judicial review of a decision to go ahead with a prosecution, which there would not normally be. New clause 11 is far more focused on the real problem than the Government's provisions and would help in a much less dangerous way, but it is capable of meeting genuine anxieties that have arisen in religious communities. It is necessary to do something of this nature rather than, as the Government suggest, do nothing at all.

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