I would be more reassured if the Government were taking the public order legislation problems that have arisen more seriously, but there is no sign that they have tabled amendments to try to deal with that problem. As we know from a recent case, the problem is continuing. Indeed, if I understood the hon. Member for Oxford, West and Abingdon correctly, he knows of an instance in which a prosecution was brought, although it was not completed. For that reason, we should be very wary of legislation that fetters freedom of speech.
The Minister cannot have it both ways. On the one hand, she says, "The legislation's fine; you shouldn't worry about it." Then she suddenly starts saying, "Actually, the saving clause will encourage people to commit this offence, not deter them from doing so." If that is the case, she will have to provide a much better argument than she has done this evening. From what she had to say, it was not apparent how this saving clause would operate to do what she claimed it would. The saving clause, given its plain English meaning, cannot achieve the mischief that the Minister claims. It is noteworthy that when this matter was considered in the other place, it was supported by a large number of lawyers, who would therefore have some understanding of how this clause would be interpreted in the courts.
Coroners and Justice Bill
Proceeding contribution from
Dominic Grieve
(Conservative)
in the House of Commons on Monday, 9 November 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
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Reference
499 c107-8 
Session
2008-09
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