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1180200

registered interest
date	24/02/2020
answering body	Ministry of Housing, Communities and Local Government
answering dept id	7
answering dept short name	Housing, Communities and Local Government
answering dept sort name	Housing, Communities and Local Government
hansard heading	Religious Hatred
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Viscount Younger of Leckie on 3 February (HL727), what consideration they have given to requiring allegations of an offence of stirring up religious hatred to be supported by two witnesses, in order to restrict frivolous complaints.
tabling member printed	Lord Vinson
uin	HL1822
answer	answer is ministerial correction date of answer 09/03/2020 answer text <p>It is an operational matter for the police to determine whether and how to investigate all incidents reported to them. The Crown Prosecution Service will also apply the Code for Crown Prosecutors to ensure a prosecution will not proceed where a complaint is deemed to be frivolous. Decisions to prosecute are furthermore subject to consideration under the Freedom of Expression defence contained in Section 29J of the Public Order Act 1986.</p> answering member printed Baroness Bloomfield of Hinton Waldrist question first answered 09/03/2020 16:56:51 answering member 4582 label Biography information for Baroness Bloomfield of Hinton Waldrist
tabling member	1807 label Biography information for Lord Vinson

1176221

registered interest
date	04/02/2020
answering body	Ministry of Housing, Communities and Local Government
answering dept id	7
answering dept short name	Housing, Communities and Local Government
answering dept sort name	Housing, Communities and Local Government
hansard heading	Hate Crime
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Viscount Younger of Leckie on 3 February (HL187), whether it is possible that a hearsay remark, if construed by a bystander as offensive, could be reported as a hate crime and the perpetrator interviewed by the police as a result; and if so, what steps they intend to take to protect freedom of speech.
tabling member printed	Lord Vinson
uin	HL1341
answer	answer is ministerial correction date of answer 14/02/2020 answer text <p>It is an operational matter for the police to determine whether to investigate all incidents reported to them. When investigating allegations of hate crime it is for the police to apply the relevant legislation, including the freedom of expression defence contained in section 29J of the Public Order Act 1986.</p> answering member printed Viscount Younger of Leckie question first answered 14/02/2020 11:55:22 answering member 4169 label Biography information for Viscount Younger of Leckie
tabling member	1807 label Biography information for Lord Vinson

1172796

registered interest
date	22/01/2020
answering body	Ministry of Housing, Communities and Local Government
answering dept id	7
answering dept short name	Housing, Communities and Local Government
answering dept sort name	Housing, Communities and Local Government
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Viscount Younger of Leckie on 21 January (HL187), what criteria they use to assess what constitutes a “legitimate criticism” of a religion when investigating any incident that has been reported by someone who has perceived it to “be motivated by a hostility or prejudice based on a person’s religion or perceived religion”; and what steps they take to ensure freedom of expression is upheld.
tabling member printed	Lord Vinson
uin	HL727
answer	answer is ministerial correction date of answer 03/02/2020 answer text <p>Once a hate crime has been reported it is for the police to investigate whether a hate crime has been committed, in line with the relevant legislation, and to refer cases to the Crown Prosecution Service to decide whether there should be a charge.</p><p>In order for a crime to be charged and prosecuted as a hate crime, the Crown Prosecution Service (CPS) uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003).</p><p>The CPS assesses each case on its individual facts and circumstances. Prosecutions can only be brought in line with legislation and in accordance with the Code for Crown Prosecutors.</p><p>The CPS legal guidance on hate crime recognises the right to freedom of expression set out in Article 10 of the European Convention on Human Rights. The legal guidance makes it clear that it is not only speech which is well-received and popular that is protected but also speech which is potentially offensive, shocking or disturbing. The CPS seeks to balance the right to freedom of speech and expression against the duty of the state to act proportionately.</p> answering member printed Viscount Younger of Leckie question first answered 03/02/2020 17:03:00 answering member 4169 label Biography information for Viscount Younger of Leckie
tabling member	1807 label Biography information for Lord Vinson

1169331

registered interest
date	07/01/2020
answering body	Ministry of Housing, Communities and Local Government
answering dept id	7
answering dept short name	Housing, Communities and Local Government
answering dept sort name	Housing, Communities and Local Government
hansard heading	Religion: Freedom of Expression
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they are taking to ensure that criticism of any religion is not regarded as a hate crime.
tabling member printed	Lord Vinson
uin	HL187
answer	answer is ministerial correction date of answer 21/01/2020 answer text <p>Freedom of expression is a fundamental human right. It is important that all have the right to speak freely, and make legitimate criticisms, and that a strong legal framework provides the appropriate space to do so. Equally, hatred or prejudice against an individual because of their religion will not be tolerated.</p><p>The Crown Prosecution Service uses definitions agreed with the National Police Chiefs' Council to identify religiously motivated incidents/crimes: “Any incident/crime which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a person's religion or perceived religion.&quot; This allows space for legitimate criticism.</p><p>Under the Racial and Religious Hatred Act 2006, which covers the offences of stirring up religious hatred, there is a freedom of expression defence contained in Section 29J, which confirms that nothing in the Act &quot;... prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions, or the beliefs or practices of its adherents.&quot;</p><p>The Government will continue to protect people’s legitimate rights and freedoms whilst also remaining committed to tackling hate crime.</p> answering member printed Viscount Younger of Leckie question first answered 21/01/2020 16:16:07 answering member 4169 label Biography information for Viscount Younger of Leckie
tabling member	1807 label Biography information for Lord Vinson