Memorandum submitted by Stephen Early (CJ&I 40)

Dear Sir/Madam,

I write out of concern for the proposed amendment of the Criminal Justice & Immigration Bill, in particular, the so-called making it a 'criminal offence to incite hatred on the grounds of sexuality'. I feel that this proposal poses a danger to freedom of speech and freedom of religion. While most people would agree that 'inciting to hatred' is unacceptable, it should be noted that there is adequate protection under current law for people against assault, and/or threatening words and behaviour.

Regretably, this proposed amendment reflects the current trend of 'passing the buck on responsibility' (for want to a better phrase). Someone is only incited to hatred by their own 'choice' to be so - therefore, this amendment seeks to protect them and criminalise someone else... It is a sad day in British law when it seeks to protect the one who gives up their self-control and willingly chooses to be incited to hatred merely because they dislike what they hear from another person. Sadly, examples of this can be found now, where people are being reported/criminalised for things they have said/beliefs that they hold.

Added to that, there appears to an insidious aspect to this proposed

amendment: a step towards 'thought crime' - as it outlaws the act of trying to make someone hate something or someone else. While hating people is to be avoided, we cannot be limited from hating 'things' - for example: wrongful behaviour.

Therefore, I would like to urge the Committee carefully consider that this amendment is an unnecessary measure, and so to uphold the freedom of speech, amongst other things.

October 2007