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Criminal Justice and Immigration Bill

My Lords, if I had produced an amendment that said the Secretary of State ““may”” produce guidance, noble Lords would have taken me to task. The fact that it is drafted as ““must”” reflects the fact that the Government have listened carefully to the debates in both Houses and are happy for Parliament to give a clear instruction to my right honourable friend the Lord Chancellor. It is not at all an admission that we think the legislation in itself is defective. I reiterate: the guidance that we will produce will cover the need to ensure the balance between the convention rights on free speech and protecting groups from hatred, and we expect such guidance to coincide with the coming into force of the new offence. I say again, particularly to the noble Lord, Lord Waddington, that the offence is not about making the holding of certain views or opinions illegal. It concentrates on behaviour. Threatening behaviour that is intended to stir up hatred is a real risk to public order and should be challenged. I do not believe that that offence is in any way a fundamental attack on free speech or undermines it in the way that has been suggested.