Incitement to homophobic hatred

MPs set to vote on free speech
amendment to 'gay hatred' law

Friday, 2 May 2008

The Government will attempt to overturn the free speech amendment to the 'homophobic hatred' offence in the Commons on Tuesday (6 May), official sources say.

The amendment was passed in the Lords on Monday 21 April. It makes clear that criticising homosexual practice or urging people to refrain from such conduct will not, in itself, be a crime.

If MPs vote to overturn the amendment, the Lords will get another chance to vote on the matter on Wednesday (7 May).

The amendment says, "In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred."

In recent years there have been a number of cases where overzealous police officers have unjustly interfered with the rights of people to express their religious beliefs on sexual ethics.

Speaking during the Lords debate in April, Lord Waddington said: "Some might say that the amendment is now so moderate in its terms that it merely states the obvious and is therefore unnecessary, but those who say that are, I fear, closing their eyes to what has really happened in recent years."

"When it comes to language touching on matters of sexual orientation, there has already been a load of trouble with the police misapplying the existing Public Order Act. It is our plain duty to try to prevent this continuing to happen," he added.