Criminal Justice and Immigration Bill

I welcome the opportunity to make the Government's position clear on the two issues that we have dealt with in the debate on this group of amendments. In speaking to new clause 1, the hon. Member for Oxford, West and Abingdon (Dr. Harris) set out in some detail the case for getting rid of the blasphemy laws, helped by interventions from Members of all parties. The issue has been around for many years. As he said, as long ago as 1985 the Law Commission recommended that the common law offences of blasphemy and blasphemous libel be abolished. The hon. Member for Arundel and South Downs (Nick Herbert) has given quotations from eminent lawyers and others that go even further back, which shows that the issue was around even before then. We can therefore agree that the issue has been debated at great length. I agree with the many hon. Members who put their names to new clause 1 that it is high time that Parliament reached a settled conclusion on the issue. We accept that the offences have largely fallen into desuetude. The last prosecution for blasphemy was in 1977, in the case of Whitehouse and Gay News Ltd, as Members will recall. It follows that there have been no cases since the Human Rights Act 1998. The idea that the offences appear to be moribund was reinforced by the High Court's decision on 5 December 2007 that the Theatres Act 1968 and the Broadcasting Act 1990 prevent the prosecution of a theatre, the BBC or another broadcaster for blasphemous libel. That was the result of a case brought by Christian Voice in response to the play ““Jerry Springer: The Opera””. I understand that it is seeking leave to appeal. Against that background, I can say that we have every sympathy for the case for formal abolition. However, we believe it necessary to consult the Anglican Church before bringing forward a provision that particularly affects it. That is what we are now doing urgently. Subject to that consultation, which I can assure hon. Members will be short and sharp, the Government intend to bring forward amendments in another place to achieve the aims of new clause 1.