Memorandum submitted by Timothy Daniels (CJ&I 17)

I would be grateful if you would place before the Committee which is to discuss this Bill my concerns that it will take full account of the wish to preserve freedom of speech for those expressing Christian views.  I note the Minister for Justice's comment that the Government would be "extremely careful to ensure that the law strikes a proper balance" and his promise to seek to ensure that the drafting achieves that balance. It was only after a great deal of representation and debate that the wording of the current religious hatred provisions sought to strike that balance between freedom of speech, ensuring that the offence must be intentional, and covering threatening language only.
 
However the proposed amendment is likely to be more contentious in its application and in particular where the line is to be drawn. I share the concern of many Christians (and other faiths) that it could stifle the legitimate expression of profoundly held religious beliefs. If the type of actions targeted are
not only violently homophobic words, but are construed as covering any criticism of practising homosexuality, homosexual acts and lifestyle, the effect of such a law would not be protecting human rights but rather according special treatment to the homosexual lobby at the expense of freedom of speech and conscience of all. I realise that gay rights campaigners have insisted that the proposed offence would not lead to the prosecution of people expressing religious views, provided that these are expressed "temperately."
 
I note one newspaper report which says that police will be allowed to pursue those who create an "atmosphere or climate" in which hatred or bullying can be fostered, but that officials said it would not prohibit criticism of gay, lesbian and bisexual people. The problem with this is that there will be a grey area between the expression of views which are intended to be "temperate" but which to an overly sensitive hearer might contribute to an "atmosphere or climate" which they consider foster bullying. I urge the Committee to ensure that the Bill identifies very clearly where the boundary is to be drawn, and that it invites the Association of Chief Police Officers to draw up guidance to Police Forces as a matter of urgency on the way investigations into any suspected offence, where there is a religious context. A failure to make this provision will inevitably lead to more cases of inappropriate police action such as have arisen in the recent past.
 
October 2007