The following is an extract taken from the House of Commons debate on the Second Reading of the Criminal Justice and Immigration Bill, 8 October 2007.
Mr. Straw: The Government have a strong record of promoting equality and of tackling discrimination and bigotry in all its guises. We have strengthened the sentencing framework, so that sentences can be increased where race, religion, disability or sexual orientation are aggravating factors. We have also introduced legislation to outlaw the stirring up of religious hatred, as my hon. Friend reminded the House. We have received many representations on the matter, and I am pleased to say that we will propose a further step to strengthen the protection afforded to homosexual people. It is a measure of how far we have come as a society in the last 10 years that we are all now appalled by hatred and invective directed against gay people, and it is now time for the law to recognise the feeling of the public. In Committee, we will table an amendment to extend the offence of incitement to racial hatred to cover hatred against persons on the basis of their sexuality. Homophobic abuse, lyrics and literature are every bit as abhorrent to those concerned as material inciting hatred based on race or religion, and have no place in our communities.
Mr. John Redwood (Wokingham) (Con): Like the Secretary of State, I have no time for abuse of any kind, or for violence of the sort that he wishes to outlaw. However, in my constituency I am receiving a number of representations from the Christian community, as, I am sure, are other Members. Will the right hon. Gentleman reassure the House that he will take full account of the wish to preserve freedom of speech for those expressing Christian views?
Mr. Straw: Yes. I too have received such representations. As with the provisions on incitement to religious hatred, we must be extremely careful to ensure that the law strikes a proper balance. I promise the right hon. Gentleman that my right hon. Friend the Minister of State, other Ministers and I are seeking to ensure that the drafting achieves that, and I hope it will then be examined very carefully in this House and in the other place to ensure that such a balance exists.
Dr. Evan Harris (Oxford, West and Abingdon) (LD): I join the Secretary of State in calling for the creation of such an offence - that is the manifesto position of my party - but as one who was involved in the wording of the religious hatred provisions that now exist, may I commend to him the wording on which the House settled in that context? I believe that, on the whole, it strikes the right balance between freedom of speech, ensuring that the offence must be intentional, and covering threatening language only.
Mr. Straw: The hon. Gentleman has given wise counsel. The starting point for the drafting of this measure is certainly the parallel example of the current provisions in respect of religious hatred.
See House of Commons Hansard, 8 October 2007, Columns 67-68
