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Coroners and Justice Bill

Let me start by making it clear that on these Benches, as with issues of conscience—we consider this Motion to be an issue of conscience—we have a free vote. My remarks, from the position on which I stand, are mine and mine alone, and I accept responsibility for that. However, I speak as a Liberal. In a democracy, free speech is a fundamental prerequisite that allows for all people, but particularly for minorities, however off the wall their views might be, to find expression of those views. The Minister told us that where incitement is concerned we need his clause. If it is incitement, statute exists to cover those crimes. Those minorities who have views on the basis of prejudice or, as the noble Lord, Lord Smith, said, ignorance or—I speak from a certain perspective with which the House is familiar—from a religious perspective, where those views do not impinge on the rights of others, they should be given expression in a tolerant and just society. It is for the rest of us in this kind of society to help those who hold entrenched religious views to cast their objections to our behaviour in respect of the values that prevail today. Therefore, it is our duty—I speak as a Muslim—to help others from among our ranks who for religious reasons do not go along with certain freedoms and to work with them so that they can see that our values might, in another instance, protect their values. I shall comment briefly on the chilling effect that these kinds of clauses have. To paraphrase the noble Lord, Lord Smith, he implied that legislation has a totemic effect on society whereby lessons are drawn from it without it having had to be applied. It also has the reverse effect; namely, that the existence of something in a statute makes one think and think again. That is an impingement of a person’s freedom. So when we make law, we have to be extremely careful not to bring about unintentional effects. The number of plays that are withdrawn, exhibitions cancelled, writers threatened or academics unable to publish are too numerous for me to mention, but I know full well that this chilling effect exists. Finally, speaking as a member of multiple minorities—of a religions minority, an ethnic minority and, in this House, a gender minority—I say that we look to the law for protection probably more than most others. We look to the law for protection, but not at the cost of impinging on the freedoms of all.