Racial and Religious Hatred Bill

I regret that the Minister did not succumb a little to the temptation that new clause 2 offered. He said some reasonably kind things about it—for example, that it was an honest attempt to try to reconcile a serious difference of view. The clause was certainly put forward in that spirit. I make no pretence to it being perfect in the way it is drafted, but it went a long way towards reflecting some of the concerns expressed on his own Benches about the Bill by seeking to centre on a definition of the difference between what constitutes hatred and the degree to which it must go. I believe that a court and a jury would have little difficulty in identifying words that were tantamount to an encouragement to violent acts. It is not a difficult concept for people to grasp—the difference between ferocious criticism and words that imply that people should feel free to use violence against others. I say to the Minister, even at this late stage, that he might like to consider the issue carefully and we may be able to return to it. Although I put forward the new clause in that spirit, I am not minded to press it to a vote because there is a clear difference between some hon. Members and others about whether the entire Bill and its scope is desirable or whether it can be narrowed down solely to the issue of what is called the Lord Lester amendment, in terms of defining and protecting those whose religion is attacked as a pretext for an attack on their race and ethnic identity. That is my preferred course of action. As I see that the amendment enjoys support from all sides of the House, I will seek to withdraw the new clause in the belief that the Liberal Democrats will seek a vote on amendment No. 1. This has been a fascinating and wide-ranging debate, but the Minister must be aware of the disquiet expressed from both sides of the House about the way in which the Bill will work in practice. Unless the Government come up with a constructive solution to the problem, the Bill, however well-intentioned, will end up as the source of polemical argument and will never see the statute book at all, or at least not for a long time. I cannot believe that that is a desirable state of affairs. There must be a way through the problem, but the Government show no sign of responding to it. The basic reason for that is that they have been hoisted on the petard of their own promises. They have made a promise of equality between Jews and Sikhs and other religious groups that is completely fictitious for two reasons. First, it is a fiction because the equality in fact already exists and would be enshrined in law if Lord Lester’s amendment were to be accepted. Also, the protection currently enjoyed by Jews and Sikhs is on the basis of their racial identity and not on their religion. Secondly, it is fictitious because, in moving to create an offence of religious hatred, the Government are seeking to marry it in identical terms to racial hatred when the difference between racial hatred and religious hatred is so palpably plain that it makes a nonsense of the entire legislation. I shall withdraw new clause 2 and support those who are seeking to put amendment No. 1 to the vote. I beg to ask leave to withdraw the motion.