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Criminal Justice and Immigration Bill

My Lords, my name is also attached to this amendment, and I am very proud that it is. In supporting the amendment, I cannot add much to what I said on the fifth day in Committee, but since then I have continued to receive letters from people who are worried about this clause. I am now more convinced than ever that the amendment before us is very necessary. If the House agrees with the amendment, it will do much to allay the doubt that troubles many people like me. On 3 March I quoted from one of the letters I had received, and this evening I would like to quote from a letter I have received in the past few days. The noble Lord, Lord Waddington, has already referred to the people who wrote from Fleetwood. Because of the hour, I will not read out the whole of the letter. The letter is from two people who describe themselves as pensioners and Christians. They heard that the council where they live wanted to display homosexual leaflets around the area. The couple asked a council officer whether they could distribute Christian leaflets. They were told that no, they could not. The reason given by the official was that homosexuals would find it very offensive. They said that they were not aggressive and did not raise their voices. They went home. Two or three days later they found out that the man they spoke to at the council had alerted the police. Two six-foot tall policemen turned up at their door and they were interrogated in their own front room for 80 minutes. They were accused of making homophobic phone calls to the council. I will not go into the detail, but thank God that common sense prevailed. After a year of worry and stress, the police and the council eventually made a full apology which made the national news. Many noble Lords will know about the case. Let us imagine it: two pensioners sitting in their front room, terrified by the police walking in. These are the things that I have opposed all my adult life, whether in apartheid South Africa, in Iran or in many other parts of the world. I was proud, as a member of the Labour Party and chairman of its international committee, to argue for free speech, and I find it hard to come to this House and have to plead that your Lordships will back a simple amendment that clarifies the issue and makes clear that there will be no infringement of free speech. On 3 March I said: "““The concept of bringing in laws that forbid the precious right of free speech in our society is in itself a frightening prospect. In a nation such as ours, with proud traditions of freedom, even contemplating the suppression of opinions is frightening to all who genuinely want to be able to speak out against that which they think is wrong, harmful and potentially dangerous—they fear they will be treated as criminals. It is indeed frightening. Is this what our Government want?””.—[Official Report, 3/3/08; col. 927.]" I ask again: is this what the Government I have worked for all my adult life to get elected want? I find it offensive, and many of the people I have worked with over the years share my views. In previous debates the Government have said that a free speech clause is unnecessary. It is said that the wording of the offence already strikes the right balance between preventing the incitement of hatred and the protection of free speech. If that is so, why not underline the need for balance by including a free speech clause? It is very straightforward. From what I have read, the Government do not object in principle to such a clause. I was quite surprised when I was given a copy of a letter sent to my noble friend Lord Stoddart of Swindon—he is my noble friend. The letter takes up the issue of the Racial and Religious Hatred Act 2002. I may be a bit touchy, and as I get older I feel things that I should not, but this is a Minister writing to a Member of this House: "““I should also like to take the opportunity to clarify one further point, which you raised in your speech … For the offence of stirring up religious hatred, Parliament added a clause to safeguard free speech. We did not then think it was necessary, and we do not think so now. But Parliament decided””." Where I come from, that smacks of arrogance: Parliament makes a decision, but they still think they were right, and above the will of Parliament. I find that a little bit odd. My view is that the criminal law should be clear in explaining what is and what is not an offence. If the Bill is enacted without a clause that protects freedom of expression, religious believers will be uncertain about what they can say as well as uncertain as to what they may discuss or debate on the subject of homosexual practice in their teachings. I urge the House to give wholehearted support to the amendment and to demonstrate to the Government that we are seeking to protect the very precious principle of free speech. At Second Reading a number of illustrations were given by noble Lords that there is quite a lot of evidence that the public, the police and, on occasions, some courts have failed to take sufficient account of the protection of freedom of expression in cases which involve criticism of the practice of homosexuality. This is not about that issue; it is about the right of people to have a point of view and to express it. I hope that the House will support the amendment.