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Criminal Justice and Immigration Bill

My Lords, at the beginning of his remarks when we commenced our debate, the Minister posed this question: is the balance right? It is clearly not right; how can it be, when there is a free speech clause in the religious hatred offence but no such clause here? Many spokesmen have mentioned that that is just asking for trouble. We talk about guidance for the police and prosecuting authorities, but what sort of guidance is it when they are encouraged to pay great regard to free speech in the case of religious hatred but to ignore the right to free speech when examining this offence? It is complete and utter nonsense to say that the balance is right. The noble Lord, Lord Lester of Herne Hill, reminded us that he moved the amendment to the Racial and Religious Hatred Bill. It might be worth reminding ourselves of what that amendment said, because it is of a completely different quality and nature from the amendment that I have moved. His amendment said: "““Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system””." That is a blockbuster for you, isn’t it? By Jove, that is a measure to try to safeguard free speech. How dare he say that there is no need for a free speech clause in this amendment when ours is so moderate in terms?