Abusive Language

House of Lords written question – answered at on 6 December 2011.

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Photo of Lord Maginnis of Drumglass Lord Maginnis of Drumglass UUP

To ask Her Majesty's Government, further to the Written Answer by Lord Taylor of Holbeach on 12 July (WA 151), and in the light of the recent High Court ruling that the use of foul language to police officers is not an offence, whether they will now consider issuing guidance on the use of foul language in schools, hospital accident and emergency wards and courtrooms; whether they will publish further guidance under the Equality Act 2010; and whether they will appeal the High Court ruling.

Photo of Lord Henley Lord Henley The Minister of State, Home Department

There is no specific offence of swearing at a police officer or other public servant, nor is there a specific crime of swearing in public. However, Section 5 of the Public Order Act 1986 makes it an offence to use threatening, abusive or insulting words or behaviour, or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress by that.

The High Court found in the recent case of Harvey v the DPP that there was no evidence that those who heard the swear words in that particular case were in fact harassed, alarmed or distressed. It does not follow that such words are incapable of causing harassment, alarm or distress.

The Equality Act 2010 covers only harassment where the unwanted conduct is related to a particular protected characteristic-for example, age, race or sex-whereas the sort of behaviour that the noble Lord refers to in this question concerns the issue of swearing at public servants. The Government do not therefore intend to publish any guidance on this issue under the Equality Act.

The Government have launched a consultation on police powers for public order and are seeking views from the public and partners on the use of powers under Section 5.

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