Tag Archives: equalities

Free speech has always posed a liberal dilemma. On the one hand, we hold dear the principle that individuals are free to speak their mind, even when it gives offence. On the other hand, there is Mill’s ‘harm principle’ – what to do about those individuals who incite hatred and violence through their words.

It was this dilemma which was at the heart yesterday’s Commons debate on the Coroners and Justice Bill, which will criminalise incitement to hatred over sexual orientation. An attempt was made group of MPs, led by Labour’s David Taylor, to amend the bill to insert a so-called “free speech” defence. The BBC report gives the background:

The controversy stems from last year’s Criminal Justice and Immigration Act when Tory former home secretary Lord Waddington succeeded in amending the legislation dealing with inciting hatred on grounds of sexual orientation to allow for “discussion or criticism” of sexual practices.

The government was unable to remove the amendment last year due to a lack of parliamentary time but is now using the Coroners and Justice Bill to scrap it. Mr Taylor, MP for Leicestershire North West, said his proposal simply made “clear that discussion or criticism of sexual conduct is not caught by the homophobia law”.

High-profile critics of the government’s approach have included Blackadder star Rowan Atkinson, who claimed it could stifle creativity for writers and comedians.

David Howarth led for the Lib Dems on this, and voiced the party’s opposition to the amendment, and in favour of the bill’s criminalisation of incitement of homophobic bullying and intimidation. You can read extracts from his Commons’ speech explaining his and the party’s position below: