Criminal Justice and Immigration Bill

As was predictable, this has been a profound and fascinating debate. I am very grateful to everyone who has spoken, particularly those who supported our amendments. We have seen divisions across the House and, indeed, within the family of the church—literally. I am grateful that noble Lords have been able to air their deep feelings and passions in the way that has happened. We recognise that the consultation period was short, but it has come after 22 years of debate—debate in which many people both inside and outside this House have engaged—and the issues have been thoroughly aired. The opportunity has been taken in this Bill, because it was appropriate and timely to do so. There is integrity in that. This debate has a long history. I do not want to make it longer, but I do want to deal with the amendment of the noble Lord, Lord Avebury, before returning briefly to sum up the substantial debate. The noble Lord’s amendment goes further than the abolition of the offence of blasphemy. It seeks to abolish the historic offences as set out in his amendment in paragraphs (2)(c) to (f) and also in paragraphs (1)(b) and (1)(c), which seek to abolish two separate and distinct offences of disturbing a religious service and assaulting a clergyman. On the latter amendments, although I completely respect the noble Lord’s conviction that they are necessary, they seem to overlap somewhat with the historic offences. In fact, as the Law Commission itself pointed out, there is some doubt whether these offences exist at all. The last prosecution was in 1765 and even then there was some doubt about whether the offences existed. The noble Lord will therefore not be surprised when I say that we cannot accept his amendment. Let me turn to the historic offences that the noble Lord specifically wants to remove. Although some of them may appear anachronistic and unnecessary, the evidence suggests that at least some continue to be useful. Their use is infrequent, but we believe they serve a continuing purpose. Their purpose is quite simply to ensure that places of religious worship are treated with respect and that people are free to worship in an atmosphere of peace and dignity. These may be old offences and some may apply only to Christian places of worship, but that is not the case with all of them. The laws are used infrequently but it is important to retain them. In 2003, the Select Committee considered that the evidence on that point was finely balanced. Specific evidence from the Director of Public Prosecutions stated that there was value in the legislation, and the statute has recently been deemed appropriate to use.