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The Government is to make it a crime to incite hatred because of a person’s sexual orientation or perceived sexual orientation, Jack Straw announced last night. The offence will carry a maximum sentence of seven years.
Mr Straw, the Justice Secretary, outlined the plans to MPs but the details of the measure are yet to be finalised. He will insert a clause to create the offence when the Criminal Justice and Immigration Bill, which had its second reading last night, reaches committee stage.
Under the proposal it would be considered a crime to incite hatred against homosexual, lesbian, bisexual, transgendered and heterosexual people. Mr Straw said: “It is a measure of how far we have come as a society in the past ten years that we are now appalled by hatred and invective directed at people on the basis of their sexuality. It is time for the law to recognise this.”
Prosecutions will be brought only with the agreement of the Attorney-General. The new crime will cover people using threatening words or written material, or recording visual images or sounds that incite hatred because of sexual orientation.
Evangelical Christian groups was concerned that people who said gay sex was wrong could end up in jail.
Colin Hart, director of the conservative evangelical Christian Institute, said: “In a democratic society people must be free to express their beliefs without fear of censure. A homophobic hatred law would be used by those with an axe to grind against Christians to silence them. There have already been high-profile cases of the police interfering with free speech and religious liberty regarding sexual ethics. People shouldn’t face prison for expressing their sincerely held religious beliefs.”
Andrea Minichiello Williams, of the Lawyers’ Christian Fellowship, said: “If such an amendment is put forward, it is likely to be in the form of the existing incitement against racial hatred law. The type of actions targeted would not only be violently homophobic words, but would no doubt cover any criticism of practising homosexuality, homosexual acts and lifestyles.”
She added: “It is our view that such a law is not necessary, as the criminal law already prohibits acts of violence, harassment or threatening words or behaviour against homosexuals as it does against all individuals.
“The introduction of such a law would not be protecting human rights but rather accord special treatment to the homosexual lobby at the expense of freedom of speech and conscience of all.”
Leading gay rights campaigners insisted that the proposed offence would not lead to the prosecution of people expressing religious views. “It will not apply to those who temperately express religious views,” a leading campaigner said.
Mr Straw also plans to give parents more information about convicted child sex offenders. His proposals would put a legal duty on multi-agency public protection panels, including police and probation services, to consider disclosing information.
In future the presumption would be that the information should be disclosed if the authorities considered an offender was a danger to the public.
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