- MPs set to vote on free speech amendment to 'gay hatred' law (2/5/08)
- Gay writer applauds free speech victory (24/4/08)
- Lords approve free speech change to 'gay hatred' law (22/4/08)
- Free speech amendment to 'gay hate' law tabled in Lords (24/1/08)
- Lords say 'gay hate' law is a threat to free speech (23/1/08)
- Homophobic hatred law: index of resources
The Government last night succeeded in deleting a free speech protection from its proposed homophobic hatred offence. But the House of Lords has another chance to reinsert one tonight.
MPs in the House of Commons backed a Government motion to delete the free speech amendment. They voted 338 to 136.
The Government will attempt to address concerns by tabling a different amendment in the Lords tonight which would require the Government to publish statutory guidance on the new law.
But critics say this falls short of the protection which would be offered by a specific free speech protection written into the Bill. The Lords will have an opportunity to reinsert the free speech protection tonight.
The protection seeks to make it clear that criticising homosexual practice or urging people to refrain from such conduct will not, in itself, be a crime.
The amendment says, "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."
But the Government says the amendment is not necessary because the law has a high threshold which only catches threatening words or behaviour intended to stir up hatred.
Opponents disagree. They say that a free speech clause is needed because overzealous police officers have misapplied laws in the past and investigated incidents that are not criminal.
