Clause 119 - Racial and religious hatred

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 3:15 pm on 20 January 2005.

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Photo of Mrs Marion Roe Mrs Marion Roe Conservative, Broxbourne 3:15, 20 January 2005

With this it will be convenient to discuss the following:

Clause stand part.

No. 327, in schedule 10, page 178, line 29, leave out 'RACIAL AND RELIGIOUS HATRED' and insert

'HATRED OF RACIAL AND RELIGIOUS GROUPS'.

No. 328, in schedule 10, page 178, line 32, leave out

'hatred' and insert

'group'.

No. 323, in schedule 10, page 178, line 34, leave out from 'Part' to end of line 36 and insert

'''religious group'' means a group of persons defined by reference to their religion or belief'.

No. 322, in schedule 10, page 178, line 35, leave out

'religious belief or lack of religious belief' and insert

'their religion or belief'.

No. 330, in schedule 10, page 178, line 37, leave out

'racial or religious hatred' and insert

'acts intended or likely to stir up hatred against racial or religious groups'.

No. 331, in schedule 10, page 179, line 1, leave out 'racial or religious hatred' and insert

'hatred against racial or religious groups'.

No. 226, in schedule 10, page 179, leave out lines 3 to 7.

No. 312, in schedule 10, page 179, line 4, leave out

'having regard to all the circumstances'.

No. 332, in schedule 10, page 179, line 4, leave out from 'circumstances' to end of line 7 and insert 

'he recklessly risks that hatred against a racial or religious group will thereby be stirred up'.

No. 313, in schedule 10, page 179, line 7, at end insert

'or the person is reckless as to whether they are (or it is) likely to be so heard or seen or likely to stir up such racial or religious hatred'.

No. 333, in schedule 10, page 179, line 10, leave out 'racial or religious hatred' and insert

'hatred against racial or religious groups'.

No. 227, in schedule 10, page 179, leave out lines 12 to 15.

No. 314, in schedule 10, page 179, line 13, leave out

'having regard to all the circumstances'.

No. 334, in schedule 10, page 179, line 13, leave out from 'circumstances' to end of line 15 and insert

'he recklessly risks that hatred against a racial or religious group will thereby be stirred up'.

No. 315, in schedule 10, page 179, line 15, at end insert

'or the person is reckless as to whether they are (or it is) likely to be so heard or seen or likely to stir up such racial or religious hatred'.

No. 335, in schedule 10, page 179, line 18, leave out 'racial or religious hatred' and insert

'hatred against racial or religious groups'.

No. 228, in schedule 10, page 179, leave out lines 19 to 23.

No. 316, in schedule 10, page 179, line 20, leave out

'having regard to all the circumstances'.

No. 336, in schedule 10, page 179, line 20, leave out from 'circumstances' to end of line 23 and insert

'he recklessly risks that hatred against a racial or religious group will thereby be stirred up'.

No. 317, in schedule 10, page 179, line 23, at end insert

'or the person is reckless as to whether they are (or it is) likely to be so heard or seen or likely to stir up such racial or religious hatred'.

No. 337, in schedule 10, page 179, line 26, leave out 'racial or religious hatred' and insert

'hatred against racial or religious groups'.

No. 229, in schedule 10, page 179, leave out lines 28 to 31.

No. 318, in schedule 10, page 179, line 29, leave out

'having regard to all the circumstances'.

No. 338, in schedule 10, page 179, line 29, leave out from 'circumstances' to end of line 31 and insert

'he recklessly risks that hatred against a racial or religious group will thereby be stirred up'.

No. 319, in schedule 10, page 179, line 31, at end insert

'or the person is reckless as to whether they are (or it is) likely to be so heard or seen or likely to stir up such racial or religious hatred'.

No. 339, in schedule 10, page 179, line 35, leave out 'racial or religious hatred' and insert

'hatred against racial or religious groups'.

No. 230, in schedule 10, page 179, leave out lines 36 to 39.

No. 320, in schedule 10, page 179, line 37, leave out

'having regard to all the circumstances'.

No. 340, in schedule 10, page 179, line 37, leave out from 'circumstances' to end of line 39 and insert

'he recklessly risks that hatred against a racial or religious group will thereby be stirred up'.

'or the person is reckless as to whether they are (or it is) likely to be so heard or seen or likely to stir up such racial or religious hatred'.

No. 231, in schedule 10, page 180, leave out lines 4 to 7.

Schedule 10 to be the Tenth schedule to the Bill.

New clause 17—Racial and religious hatred (No. 2)—

'In section 17 of the Public Order Act 1986 (meaning of ''racial hatred''), at the end there is inserted—

''(2) The threat, abuse or insults that are relevant for the purposes of this Part are not restricted to those that are expressly directed against such a group if—

(a) he threatens those who hold a particular religious belief which is associated (wholly or partly) with the group, and

(b) the threat is likely to stir up hatred of the group.''.'.

And the following amendments thereto: (a), in paragraph (a) leave out 'he' and insert 'a person'.

(b), in paragraph (a) after 'threatens', insert ', abuses or insults'.

(c), in paragraph (b) after 'threat', insert ', abuse or insult'.

New clause 31—Racial and religious hatred (No. 3)—

'An offence under part 3 of the Public Order Act 1986 (c. 64) (Racial hatred offences) may be committed where the intention is to stir up racial hatred even though the words used refer to a religious group.'

New clause 33—Racial and religious hatred: procedure—

'Section 27 of the Public Order Act 1986 (c. 64) (procedures and punishment) is amended after subsection 1 by inserting—

''(1A) Before consenting to the institution of proceedings under this Part the Attorney General shall consider whether, having regard to all of the circumstances of the alleged offence, such proceedings are likely to be consistent with the Human Rights Act 1998, Schedule 1, in particular the rights and freedoms set out under Articles 9 and 10, and the prohibition of abuse of rights under Article 17.

(1B) In particular he shall consider whether the act or acts of the proposed defendant gave rise to incitement to racial or religious hatred so as to be likely to imperil the safety of persons of a particular race, religion or belief as set out in sections 17 and 17A.

(1C) In reaching his decision the Attorney General shall take into account such circumstances as he considers to be relevant to the proper balance between the rights contained in the Articles referred to in subsection (1A), including the way in which any speech or other means of expression is conveyed, the content of such expression, and the occasion on which it occurred.

(1D) The Attorney General shall each year publish details of each and every request for a prosecution for racial or religious hatred, showing the racial or religious groups involved, whether a decision was made to prosecute, and the outcome of any such prosecution.''.'.