UCB Broadcast January 2006
Hello and welcome to the Parliamentary prayer update, my name is Gareth Wallace and I work in Westminster for the Evangelical Alliance Public Affairs Department.
There are a number of issues of major concern to Christians at present in the political area including Euthanasia, Abortion, Equality and Discrimination Legislation and the implementation of the Gambling Act.
Today however I wish to focus on the Racial and Religious Hatred Bill which is very near to becoming law. For information on the other issues please consult the Evangelical Alliance website at www.eauk.org/prayerandcampaigns.
Racial and Religious Hatred Bill
The Evangelical Alliance is encouraging Christians and others to telephone or e-mail their MP before the 31st January and urge them to oppose any Government attempts to water down, or even virtually throw out, most of the changes made to the Racial and Religious Hatred Bill by a substantial majority in the House of Lords before Christmas.
Third Reading of the Bill in the House of Lords takes place on 24th January. It seems apparent that the Government failed to reach an acceptable compromise agreement with the opposition parties and did not contest the Bill on the 24th. It is widely expected that they will return it to the Commons where it is scheduled for debate on the 31st January and that they will either seek to overturn the Lords amendments and return the Bill to its original state or alternatively introduce a few minor amendments which they will present as a compromise. Christians and others are intending once again to protest outside the Houses of Parliament on Tuesday, 31st January from 1.00pm to 4.00pm.
We have seen some of the Government proposals and whilst we believe they will retain certain aspects of the Lords amendments – such as severing the link between racial and religious hatred, and introducing a free speech protection clause, we believe that the low threshold of ‘abusive, insulting or threatening’ speech will come back, together with a new clause on ‘subjective recklessness’.
All the lawyers that the Evangelical Alliance has consulted are clear that the Government’s expected response to the Lords defeat will not afford the necessary protection for freedom of speech, despite the anticipated claims by the Government that they will have made substantial concessions. It is crucial that Christians and many others continue to lobby the Government as well as encouraging both Liberal Democrat and Conservative opposition MPs to remain steadfast in opposing effective reintroduction of the dangerous original legislation.
In particular, where possible, Labour backbench MPs should be requested to question their own Government’s approach to this issue which remains so widely unpopular, divisive and undemocratic.
We believe the Government will aim to achieve the following objectives with regard to the Bill:
Firstly there will be a low threshold of proof so that an offence could be committed if words are merely perceived to be ‘abusive or insulting’. The Lords had removed these in favour of a higher threshold insisting that offensive words must at least be ‘threatening’.
Secondly to remove the necessity of proving ‘intent’ for the prosecution of a person charged with inciting religious hatred. This means that people who do not intend to stir up hatred but who actually believe that what they are saying or writing is true and justified could still find themselves guilty of the offence.
Finally to introduce a new defence of ‘subjective recklessness’ as an alternative to proving ‘intent’ the prosecution would have to show that a person was ‘reckless’ with regard to the use of words likely to stir up hatred. In reality, this offers virtually no protection as a person saying something controversial would have to merely be aware of a possibility that hatred could be stirred up by what they say.
The fact is that in certain circumstances, and with certain religious groups, even the most careful use of words can be liable to be heard as offensive or insulting or abusive because they are so easily offended.
Others are more difficult to offend, so the law will skew in favour of the easily offended. As we have argued all along, the likely overall impact is that free speech will be chilled generally and people will be afraid of saying anything that could be potentially actionable on criminal grounds.
There is no doubt that the proposed Government changes will once again criminalise freedom of expression and potentially introduce community tensions and divisions.
We urge Christians and others to explain to MPs that we are opposed to the Religious Hatred Bill because it will unduly restrict freedom of speech for everyone. The Key points to make are:
· A new religious hatred offence is probably unnecessary anyway. The Government have found it difficult to give any example of a hate crime that the new law will cover that is not already able to be prosecuted under existing criminal law. Incitement to criminal offences is already outlawed under the Public Order Act and can be 'religiously aggravated'.
· Lord Lester’s amendment to the Bill, carried by a majority of 149 in the Lords, is a much more sensible way to proceed and still allows the Government’s election manifesto promise to be met. It removes much of the confusion and dangerous exposure to trivial and malicious accusations that would have resulted from the previous confused Bill.
· Having agreed to meet the concerns expressed so graphically by the Lords, it would be most regrettable if the Government were to undo their good work and virtually return us all to square one. The Lords version meets all the requirements of the Government’s election manifesto commitment, outlaws threatening behaviour, but avoids the excessive restrictions of the Government’s version.
Please pray that Opposition leaders, MPs of all parties, and the House of Lords will continue to be resolute in their opposition to a Bill that undermines civil liberties in such a way. Please pray that the protests on the 31st January will have an impact on the Government and MP’s.
Please pray that the Bill will include appropriate safeguards for freedom of speech and that Churches and Christian groups will not face future prosecution for their beliefs and practices.
Further Prayer and Action
For further insights on these and other issues The Evangelical Alliance Public Affairs department produces a monthly parliamentary magazine, PQ, and a monthly ‘Prayer and Campaigns’ action and prayer sheet. Both of these are available on at www.eauk.org along with topical political briefing material. If you have any questions please e-mail the public affairs team at pub-aff@eauk.org.
Thank you.
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