Racial and Religious Hatred Bill

As I said earlier, there is a tendency towards a new orthodoxy abroad, but the example the hon. Lady gives would not be the result of this Bill, whatever form it finally takes. I would prefer to keep my remarks on the subject of the Bill. The issue of recklessness has been touched on and, indeed, it merges into the other two. The Government had a ““likely limb”” that went much too far, and they have made a concession by withdrawing it. However, while there might be some shred of justification in putting in a test of subjective recklessness if the Bill were confined to threatening behaviour, it would be utterly pernicious if the Government managed to add ““insulting and abusive”” behaviour. There is no way in which a person who seeks to criticise a faith can be sure that in the process he will not be held to have been reckless as to whether he was invoking hatred for the adherents of that faith. That is one of the fundamental flaws of the Bill and the only way to cure it is to take out recklessness. That leaves an offence of specific intent, which will be amply sufficient in most cases, and I hope that the Government and Members will see clearly that if the offence can be caused by recklessness the climate of uncertainty that will be created will be extremely damaging.