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Criminal Justice and Immigration Bill

My Lords, this amendment succeeds one that was debated in Committee. In its original form it would have exempted certain sorts of speech or writing about sexual conduct from prosecution, even if they were threatening or intending to stir up hatred. Had I been able to be present then, I could not have supported it. But this new version is for the avoidance of doubt and so the question really hinges on whether it is necessary. If we take the view that the definition of the offence is both sufficiently clear and narrow and the word used is threatening—not insulting, not abusive, but threatening—and if the Bill already meets concerns about possible loss of freedom of expression, that makes the amendment unnecessary. If, on the other hand, the argument is that the amendment will not do any harm and it conceivably might do some good in protecting freedom of expression, it can be entertained for two reasons. The first is that it would give some protection from petty harassment by overzealous police officers investigating vexatious complaints, as indeed has happened. Secondly, it can be argued that the amendment would be helpful in meeting concerns about the so-called chilling effect of the Bill on free speech and expressions of opinion. We need to listen carefully to what the noble Lord, Lord Smith, said. On balance, my view still is that what the amendment says would be much better in guidance to the police and to the prosecuting authorities on the interpretation of the Bill than it would be in the Bill.