2005/06 Votes on Incitement to Religious Hatred

In a nutshell

Votes in 2005 and 2006 on the Racial and Religious Hatred Bill.

The details

During 2005 and 2006 the Commons voted several times on the Racial and Religious Hatred Bill. The Bill was essentially a single issue Bill, containing the incitement to religious hatred offence. A vote on Second Reading or Third Reading is a vote on the Bill in principle – in this case on creating an incitement to religious hatred offence.


Second Reading votes

The Second Reading of the Religious Hatred Bill took place on 21 June 2005. MPs voted by 305 to 248 against a Conservative and Liberal Democrat motion opposing the Bill and by 305 to 249 to allow the Bill to pass Second Reading and proceed to its next stage.1

How we recorded the vote

  • Voted against the Second Reading of the Religious Hatred Bill on 21 June 2005
  • Voted for the Second Reading of the Religious Hatred Bill on 21 June 2005
  • Voted against a motion to stop the Religious Hatred Bill on 21 June 2005
  • Abstained or was absent on the votes for the Religious Hatred Bill on 21 June 2005

Voting examples

MPs who voted for the motion to stop the Religious Hatred Bill and against the Second Reading, voted against the Bill on both votes. Thus: “Voted against the Second Reading of the Religious Hatred Bill on 21 June 2005” – covers Adam Afriyie and Paul Burstow who both voted for the motion and against the Second Reading.

MPs who voted for the motion to stop the Religious Hatred Bill but abstained or were absent from the Second Reading vote, voted against the Bill in the one vote they made. Thus: “Voted against the Second Reading of the Religious Hatred Bill on 21 June 2005” – covers Robert Marshall-Andrews, who voted for the motion, but abstained or was absent from the Second Reading vote.

Equally, MPs who abstained or were absent from the motion to stop the Religious Hatred Bill but voted against the Second Reading also voted against the Bill in the one vote they made. Thus: “Voted against the Second Reading of the Religious Hatred Bill on 21 June 2005” – covers Roger Williams, who abstained or was absent from the vote on the motion, but voted against the Second Reading.

MPs who voted against the motion to stop the Religious Hatred Bill and voted for the Second Reading, supported the Bill on both votes. Thus: “Voted for the Second Reading of the Religious Hatred Bill on 21 June 2005” – covers Charles Clarke, who voted against the motion and in favour of the Second Reading.

MPs who voted against the motion to stop the Religious Hatred Bill but abstained or were absent from the vote on Second Reading, supported the Bill in the one vote they made. Thus: “Voted against a motion to stop the Religious Hatred Bill on 21 June 2005” – covers Nigel Griffiths, who voted against the motion but abstained or was absent from the Second Reading Vote.

Finally, MPs who abstained or were absent from the motion to stop the Religious Hated Bill but voted in favour of the Second Reading also supported the Bill in the one vote they cast. Thus: “Voted for the Second Reading of the Religious Hatred Bill on 21 June 2005” – covers Hugh Bayley, who abstained or was absent from the motion, but voted in favour of Second Reading.


Third Reading vote

MPs voted on 11 July 2005 on the Third Reading of the Bill. MPs voted 303 to 231 in support of Third Reading (a majority of 72).3

How we recorded the vote

  • Voted against the Third Reading of the Religious Hatred Bill on 11 July 2005
  • Voted for the Third Reading of the Religious Hatred Bill on 11 July 2005
  • Abstained or was absent on the vote for the Third Reading of the Religious Hatred Bill on 11 July 2005

Votes on 31 January 2006

In the final decisive debate, the House of Commons voted on two amendments. The first vote was on a technical amendment, separating religious hatred offences from the racial hatred offences. The amendment created a new part 3A of the Public Order Act 1986, which was crucial to enable a higher threshold for a religious hatred offence.

The second vote was on an amendment containing the substance of the House of Lords changes to the Bill. The amendment removed the words “abusive and insulting” from the offence, so that that only threatening speech and behaviour would be caught. It also removed the ‘likely’ test, so that only intentional behaviour would be caught and inserted a wide-ranging freedom of expression provision.

In order to keep the excellent Lords amendments it was necessary to win both votes. If either vote had been lost, the ping-pong procedure between the two Houses of Parliament would have continued . The first vote was won with a majority of ten (290 to 280).4 The second was won by a single vote (285 to 284).5 The Prime Minister himself left after the first vote.

Although 26 Labour MPs rebelled in the first vote, in the second vote three of them switched back to support the Government and two abstained. The general voting pattern in both votes was the same. No Conservative or Lib Dem MPs supported the Government. The votes of the smaller parties were vital to the amendment being passed. All nine DUP MPs, five SNP and three Plaid Cymru MPs voted for the Lords amendments, as did Lady Hermon (UUP), Mark Durkan (SDLP) and Dr Richard Taylor (Independent). George Galloway (Respect) was the only non-Labour MP to vote with the Government.

How we recorded the vote

  • Voted for the Lords amendments to the Religious Hatred Bill on 31 January 2006
  • Voted for the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the first vote and abstained or was absent on the second vote
  • Was absent on the votes for the Lords amendments to the Religious Hatred Bill on 31 January 2006
  • Abstained or was absent on the votes for the Lords amendments to the Religious Hatred Bill on 31 January 2006
  • Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006
  • Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the first vote and was absent on the second vote
  • Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the second vote and abstained or was absent on the first vote
  • Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the second key vote and voted for the Lords amendments in the first vote

Voting examples

MPs who voted for both amendments supported the House of Lords amendments on both votes. Thus: “Voted for the Lords amendments to the Religious Hatred Bill on 31 January 2006” – covers Henry Bellingham, who voted for both amendments.

MPs who voted for the first amendment but abstained or were absent from the vote on the second amendment, supported the House of Lords amendments in the one vote they made. Thus: “Voted for the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the first vote and abstained or was absent on the second vote” – covers Gwyneth Dunwoody.

No MPs who abstained or were absent from the first amendment voted in favour of the second amendment.

MPs who voted against both amendments voted against the House of Lords amendments on both votes. Thus: “Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006” – covers Nick Ainger, who voted against both amendments.

MPs who voted against the first amendment but were absent for the vote on the second amendment, voted against the House of Lords amendments in the one vote they made. Thus: “Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the first vote and was absent on the second vote” – covers Tony Blair.

Equally, MPs who abstained or were absent for the vote on the first amendment but voted against the second amendment, voted against the House of Lords amendment in the one vote they made. Thus: “Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the second vote and abstained or was absent on the first vote” – covers Shaun Woodwood.

Finally, MPs who voted for the Lords amendments in first vote, but then voted against the second key amendment receive a cross, as they voted against the substance of the House of Lords amendments in the final key vote. Thus: “Voted against the Lords amendments to the Religious Hatred Bill on 31 January 2006 in the second key vote and voted for the Lords amendments in the first vote” – covers Roger Berry.

  • 1House of Commons, Hansard, 21 June 2005, cols 759 to 767
  • 2House of Commons, Hansard, 11 July 2005, cols 653 to 656
  • 3House of Commons, Hansard, 11 July 2005, cols 667 to 671
  • 4House of Commons, Hansard, 31 January 2006, cols 235 to 239
  • 5House of Commons, Hansard, 31 January 2006, cols 239 to 244