Criminal Justice and Immigration Bill

I will try to make my contribution brief, and it will also be uncharacteristically sycophantic. My right hon. Friend the Lord Chancellor will not hear a word of criticism from me. He is going to receive pure, undiluted praise, because he promised in his opening speech that the Government would amend this legislation to include a new offence of incitement to hatred for reasons of sexual orientation. What had been intended to be an impassioned plea to the Government to take action will now be a message of absolute, undiluted gratitude. The Government have already legislated to provide for an offence of incitement to racial hatred and to religious hatred, and that has paved the way for protection on the grounds of sexuality. In Northern Ireland of course, the offence of incitement to hatred on the grounds of sexuality has already been instituted. That was done by the Minister of State, Ministry of Justice, my right hon. Friend the Member for Delyn (Mr. Hanson) in his previous incarnation as a Northern Ireland Minister, and it has incurred virtually no controversy nor has it led to a rash of frivolous prosecutions. In other words, it has been accepted and understood, and we should extend that offence to the rest of the UK. It is only right that the protection that we already afford to potential victims of hatred because of their race should be extended to gays, lesbians, bisexuals and transsexuals who are as unable to choose their sexual identity as they are to choose their race. I note with sadness that the hon. Member for Arundel and South Downs (Nick Herbert), who spoke on behalf of the Opposition, did not tell us what approach they will take to the provision. It would be nice to know whether they will support a measure that I hope will have universal agreement in this House. It is not intended that incitement legislation should lead to a rash of prosecutions in the rest of the UK. Rather it should set out the basic principle, which should deter all but the most ardently homophobic, that it is not socially acceptable to incite hatred against gays, lesbians, bisexuals or transsexuals. They have equal civil and human rights with anybody else. Indeed, incitement to hatred for whatever reason should be totally unacceptable in a civilised society. This is a piece of legislation whose time has come. It will complete a raft of legislation on equalities that the Government have pursued over the past 10 years. I shall not recite the whole list, but outstanding examples include equalising the age of consent, rights to enter the forces, civil partnerships and the banning of discrimination in the provision of goods and services on grounds of sexuality. The pressure group Stonewall, which has provided invaluable support as well as putting pressure on the Government, has seen its agenda virtually completed. With incitement to hatred for reasons of sexuality, we have the final piece of the jigsaw on the table ready to be inserted. If anyone still doubts the need for protective legislation, they need only look at what is happening around them. Look for instance at some of the allegedly Christian websites in the UK. Christian Voice speaks of"““young people who are being drawn into a lifestyle characterised by disease, degradation, death and denial.””" A site called Gay Conspiracy links homosexuality with paedophilia, which is a dreadful, ignorant libel on a significant section of our community. Some reggae groups have published lyrics urging the torture and murder of lesbians and gay men. Some record companies and artists have undertaken not to perform such material in future, but others have not and no legal action has yet been taken to prevent the sale of such material in Britain. The offence of incitement to hatred on the grounds of sexuality would rightly render such content liable to prosecution. Of course, the dear old British National party has also made homophobia a political campaign and promulgated the specious link between homosexuality and paedophilia. Hate crime is a rising issue. In many London boroughs, the Metropolitan police report an increase in homophobic hate crime and the trend is rising throughout the country. In my city of Brighton and Hove, the figures for homophobic crime reported to the Sussex police show an increase from 135 in 2005-06 to 184 in 2006-07. That is just one city. The majority of those cases were assaults, followed by public order and harassment offences. In Brighton, we are fortunate to have a police anti-victimisation unit. One of the sergeants who works there said:"““As always the figures themselves tell an incomplete story. We believe that there is still a degree of under-reporting particularly amongst those who are victims of homophobic crime.””" The Home Office estimates that as much as 90 per cent. of homophobic hate crime goes unreported. Most of the House would agree that the case for action has been firmly established. If the Lord Chancellor wants any help with drafting, I can offer him a ready-drafted complete new clause for the Bill, but I am sure that he is already on the case. I conclude by repeating my gratitude to my right hon. Friend for promising action, and that gratitude will be mirrored, especially in my constituency of Brighton, Kemptown, by a large section of the community. I am proud of what the Government are proposing. I am proud of all that my Government have done in the field of equalities over the past 10 years.