Will the new religious hate law help or hinder the cause of freedom? Steve Gallagher wonders
Despite the Racial and Religious Hatred Act 2006 (RRHA 2006) receiving Royal Assent on 16 February 2006, it was hoped by many commentators that no commencement order would ever be made for this potentially troublesome Act.
Unfortunately for them, the Racial and Religious Hatred Act 2006 (Commencement No1) Order (SI 2490/2007) has implemented most of RRHA 2006 into the law of England and Wales from 1 October 2007.
After long debate over the original Bill the House of Lords watered down the government’s proposals, significantly affecting their impact:
- Unlike racial offences the offences must be “threatening” not just “abusive” or “insulting”.
- The words, actions, materials, recordings etc must also be “intended” to stir up religious hatred.
- Section 29B—the offence may be committed in a public or private place, but there is no offence if “the words or behaviour are used, or the written material displayed”, inside a dwelling and only heard or seen by other persons inside that or another private dwelling.
- Section 29L—no proceedings may be instituted without the consent
