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Criminal Justice and Immigration Bill

My Lords, I should like briefly to say why I support the Motion proposed by the noble Lord, Lord Waddington. It was argued at an earlier stage that the amendment is unnecessary because the Bill defines the offence with sufficient clarity and there is therefore no doubt to be avoided. That is the reason given for the disagreement in another place. Looking at it from a purely legal point of view, I understand the argument. The definitions of the offence of incitement to hatred and of ““threatening”” are clear enough. Some have argued that this amendment would water down the offence. It would do nothing of the kind. The definition of the offence is unchanged and unimpaired. But that does not mean that the amendment is unnecessary. We should be looking at this matter not just from a legal point of view, but from a human point of view as well. That there is need for the avoidance of doubt is evident from the letters that I, like many other noble Lords, I am sure, have received. There are many people who have no intention or desire to threaten or to incite to hatred, but who think that they should be able to feel free to enter into discussion of and express views about these matters without rancour or incitement to hatred and without fear of over-zealous pursuit by the police. This is a freedom which in our society they should be able to enjoy without doubt or fear. The amendment would reassure such people and would discourage over-zealous pursuit by the police without in any sense diminishing, affecting or watering down the offence as defined in the Bill. In fact, a number of people who are strong supporters of the main proposal have expressed concerns about the ““free speech”” aspects of the provision in the Bill, and have even said that they would like to see the protection of free speech go further than this amendment. At this stage, I am not looking to propose an amendment in different terms which would go further than the amendment before us, though I stand almost aghast at my own moderation in failing to do so. But I would argue that this amendment is not unnecessary. There is a need for it, and for the assurance that it provides of the preservation of the right of people to enjoy freedom of speech when it can be enjoyed without rancour and without incitement to hatred. So, if the noble Lord, Lord Waddington, decides to seek the opinion of the House, I urge your Lordships to support his Motion, and if the Motion is passed, I urge the Government to accept it and not seek to overturn it again in another place. There can be no loss of face in that course and no damage to the purpose or effectiveness of the Bill; indeed, it would be recognised as a counsel of moderation and good sense.