Racial and Religious Hatred Bill

It seems but a short time since we had what could be fairly described as a vigorous debate about the Bill in the Chamber. We hit calmer times in Committee and as we begin our debate today we are obviously in a calm mood for other reasons that we know about. We can also be calm because we have at last found common ground on which there can be clear agreement between the Government and the Opposition parties. New clause 3 addresses concerns expressed in Committee, not least by the hon. Member for Beaconsfield (Mr. Grieve), and elsewhere that individuals could try to use the power of citizens arrest inappropriately and perhaps maliciously in relation to the new offence. The hon. Gentleman spoke eloquently about the fact that the police would be highly unlikely to charge into the middle of a meeting or a speech during which someone was taking action that could be deemed to be inciting hatred on the ground of religious belief. He suggested that if the police might be cautious, we should also be cautious about the powers that we might give ordinary citizens. The powers to effect a citizen’s arrest are set out in the Serious Organised Crime and Police Act 2005, which passed through the House earlier this year before the general election. I have no doubt that the necessary safeguards included in the Act will work well. I draw three safeguards to hon. Members’ attention. First, the power of citizen’s arrest covers only indictable offences. Secondly, an individual must have reasonable grounds to believe that it is necessary to make an arrest. Thirdly, it should be clear to a person making such an arrest that it is not practical for a constable to make the arrest.