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Amendments to the Racial and Religious Hatred Bill

Racial and Religious Hatred Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 18th October 2005, as follows—

Clause 1
The Schedule
Clauses 2 and 3

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD HUNT OF WIRRAL
THE LORD LESTER OF HERNE HILL
THE LORD CAREY OF CLIFTON
THE LORD PLANT OF HIGHFIELD

1Page 1, line 2, leave out "Part 3 of"
 

THE LORD LESTER OF HERNE HILL
THE LORD HUNT OF WIRRAL
THE LORD CAREY OF CLIFTON
THE LORD PLANT OF HIGHFIELD

2Page 1, line 6, leave out paragraph (b)
 

THE EARL OF ONSLOW

3Page 1, line 7, at end insert—
"(   )  provides that the condemnation of, or protest against, the justification of certain practices on religious grounds shall not be an offence."
 

The Schedule

 

THE VISCOUNT COLVILLE OF CULROSS
THE LORD LYELL OF MARKYATE

4Page 3, line 6, at end insert—
 "2A      Where a person is accused of an offence under section 18, 19, 20, 21 or 22 of the Public Order Act 1986, it shall be a defence, in addition to the defences set out in section 18(4), 19(2), 20(2), 21(3) or 22(3) of that Act, to prove that the words or conduct were, or, as the case may be, the material published, distributed, presented, shown, played or broadcast was, reasonable."
 

THE LORD LYELL OF MARKYATE

4A*Page 3, line 6, at end insert—
 "2B      Where a person is accused of an offence under section 18, 19, 20, 21 or 22 of the Public Order Act 1986, it shall be a defence, in addition to the defences set out in section 18(4), 19(2), 21(3) or 22(3) of that Act, to prove that the words or conduct or, as the case may be, the material published, distributed, presented, shown, played or broadcast was or amounted to fair comment on a matter of public interest."
 

THE LORD DHOLAKIA

5Page 3, line 12, at end insert "and shall include the desecration of symbols or sacramental objects that are important to such a group of persons"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN
THE LORD PESTON
THE LORD BISHOP OF SOUTHWELL

6Page 3, line 17, leave out "subsections (1)(a) and (5)" and insert "subsection (1)(a)"
 

THE LORD WEDDERBURN OF CHARLTON
THE BARONESS TURNER OF CAMDEN
THE LORD PESTON

7Page 3, line 19, leave out sub-paragraph (3)
 

THE LORD PEYTON OF YEOVIL

8Page 3, line 20, at beginning insert "in the case of racial hatred,"
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

9Page 3, line 22, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

10Page 3, line 23, at end insert—
"(4)  After subsection (5) insert—
    "(5A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that the words or behaviour used, or the written material displayed—
    (a)  were used or displayed in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  are justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
11Page 3, line 26, leave out "subsections (1)(a) and (2)" and insert "subsection (1)(a)"
 

THE LORD PEYTON OF YEOVIL

12Page 3, line 29, at beginning insert "in the case of racial hatred,"
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

13Page 3, line 31, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

14Page 3, line 31, at end insert—
"(4)  After subsection (2) insert—
    "(2A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that the material published or distributed—
    (a)  was published or distributed in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
15Page 3, line 33, leave out "subsections (1)(a) and (2) (in both places)" and insert "subsection (1)(a)"
 

THE LORD PEYTON OF YEOVIL

16Page 4, line 2, at beginning insert "in the case of racial hatred,"
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

17Page 4, line 4, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

18Page 4, line 5, at end insert—
"(4)  After subsection (2) insert—
    "(2A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that the performance—
    (a)  was undertaken in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
19Page 4, line 8, leave out "subsections (1)(a) and (3)" and insert "subsection (1)(a)"
 

THE LORD PEYTON OF YEOVIL

20Page 4, line 11, at beginning insert "in the case of racial hatred,"
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

21Page 4, line 13, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

22Page 4, line 13, at end insert—
"(4)  After subsection (3) insert—
    "(3A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that the recording—
    (a)  was distributed, shown or played in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
23Page 4, line 16, leave out from "In" to "for" and insert "subsection (1)(a)"
 

THE LORD PEYTON OF YEOVIL

24Page 4, line 19, at beginning insert "in the case of racial hatred,"
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

25Page 4, line 21, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

26Page 4, line 21, at end insert—
"(4)  After subsection (5) insert—
    "(5A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that the programme—
    (a)  was included in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
 

THE LORD PEYTON OF YEOVIL
THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

27Page 4, line 31, leave out "or religious"
 

THE LORD BISHOP OF SOUTHWELL
THE LORD BISHOP OF OXFORD

28Page 4, line 32, leave out sub-paragraph (4)
29Page 4, line 32, at end insert—
"(4A)  After subsection (3) insert—
    "(3A)  In proceedings for an offence under this section it shall be a defence for an accused who is not shown to have intended to stir up religious hatred to prove that—
    (a)  the material was possessed in good faith for the purposes of the discussion, teaching or propagation of religious belief or lack of religious belief; or
    (b)  possession of the material is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.""
 

THE EARL OF ONSLOW

30Page 4, line 33, at end insert—
      "After section 26 (savings for reports of parliamentary or judicial proceedings) insert—
        "26A   Saving for condemnation of cruel practices, discrimination etc.
          Nothing in this Part applies to the condemnation of, or protest against, the justification on religious grounds of the following practices—
    (a)  cruel and unusual punishments,
    (b)  ritual murder or mutilation,
    (c)  discrimination between people on the grounds of gender or sexual orientation,
    (d)  persecution or genocide.""
 

THE LORD LESTER OF HERNE HILL
THE LORD HUNT OF WIRRAL
THE LORD CAREY OF CLIFTON
THE LORD PLANT OF HIGHFIELD

31Leave out the Schedule and insert the following new Schedule—
 

"SCHEDULE
HATRED AGAINST PERSONS ON RELIGIOUS GROUNDS

      In the Public Order Act 1986 (c. 64), after Part 3 insert—
     

    "PART 3A
    HATRED AGAINST PERSONS ON RELIGIOUS GROUNDS
    MEANING OF "RELIGIOUS HATRED"

        29A   Meaning of "religious hatred"
          In this Part "religious hatred" means hatred against a group of persons defined by reference to religious belief or lack of religious belief.
     

    ACTS INTENDED TO STIR UP RELIGIOUS HATRED

        29B   Use of words or behaviour or display of written material
    (1)      A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred.
    (2)      An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
    (3)      A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
    (4)      In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
    (5)      This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme service.
        29C   Publishing or distributing written material
    (1)      A person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred.
    (2)      References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.
        29D   Public performance of play
    (1)      If a public performance of a play is given which involves the use of threatening words or behaviour, any person who presents or directs the performance is guilty of an offence if he intends thereby to stir up religious hatred.
    (2)      This section does not apply to a performance given solely or primarily for one or more of the following purposes—
    (a)  rehearsal,
    (b)  making a recording of the performance, or
    (c)  enabling the performance to be included in a programme service;
      but if it is proved that the performance was attended by persons other than those directly connected with the giving of the performance or the doing in relation to it the things mentioned in paragraph (b) or (c), the performance shall, unless the contrary is shown, be taken not to have given solely or primarily for the purpose mentioned above.
    (3)      For the purposes of this section—
    (a)  a person shall not be treated as presenting a performance of a play by reason only of his taking part in it as a performer,
    (b)  a person taking part as a performer in a performance directed by another shall be treated as a person who directed the performance if without reasonable excuse he performs otherwise than in accordance with that person's direction, and
    (c)  a person shall be taken to have directed a performance of a play given under his direction notwithstanding that he was not present during the performance;
      and a person shall not be treated as aiding or abetting the commission of an offence under this section by reason only of his taking part in a performance as a performer.
    (4)      In this section "play" and "public performance" have the same meaning as in the Theatres Act 1968.
    (5)      The following provisions of the Theatres Act 1968 apply in relation to an offence under this section as they apply to an offence under section 2 of that Act—
      section 9 (script as evidence of what was performed),
      section 10 (power to make copies of script),
      section 15 (powers of entry and inspection).
        29E   Distributing, showing or playing a recording
    (1)      A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening is guilty of an offence if he intends thereby to stir up religious hatred.
    (2)      In this Part "recording" means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.
    (3)      This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be included in a programme service.
        29F   Broadcasting or including programme in cable programme service
    (1)      If a programme involving threatening visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up religious hatred.
    (2)      The persons are—
    (a)  the person providing the programme service,
    (b)  any person by whom the programme is produced or directed, and
    (c)  any person by whom offending words or behaviour are used.

 
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©Parliamentary copyright 2005
25 October 2005