UK Parliament / Open data

Terrorism Bill

Proceeding contribution from Viscount Hailsham (Conservative) in the House of Commons on Wednesday, 26 October 2005. It occurred during Debate on bills on Terrorism Bill.
I hope that my hon. Friend will forgive me, but I have already given way twice. Let us not forget that, while the Attorney-General and the Director of Public Prosecutions will regulate the institution of proceedings, they will not make lawful what is expressed in the legislation to be unlawful. They merely regulate the institution of proceedings. Consequently, free speech will be interfered with by the fear of illegality. Finally, we are told by the Home Secretary that the Bill is necessary partly to meet our commitment to the European convention on the prevention of terrorism, as established by the Council of Europe. That is plain wrong. What the convention in fact urges us to do—I shall use its rather bizarre language—is to create an offence of criminalising the"““distribution . . . of a message to the public, with the intent to incite the commission of a terrorist offence””." Intent to incite lies at the heart of the convention. Clause 1 of the Bill provides no element of intent. It is another example of gold-plating, and goes far beyond what is required under the convention, and far beyond what is acceptable in a democracy. So long as it remains in the Bill, the Bill should be rejected.
Type
Proceeding contribution
Reference
438 c368-9 
Session
2005-06
Chamber / Committee
House of Commons chamber
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