If the Minister had listened when I explained the case of Donald Banfield, he would know that it was pretty obvious that the mother and daughter were there. Everybody accepts that, yet those women are still walking free, and it seems that the Minister is not prepared to do anything about it.
Finally, new clause 36 would decriminalise insulting words and behaviour. Courtesy of the Crime and Courts Act 2013, section 5 of the Public Order Act 1986 was amended to remove the word “insulting”. As of 1 February this year, it has not been an offence to use insulting words or behaviour contained within a section 5 charge. The law change did not, however, affect sections 4 and 4A of the same Act. I was delighted that the word “insulting” was removed from section 5 of the 1986 Act, but I think it must follow that it should be removed from all sections of it. If we are to be consistent, why not? Section 4A is very similar to section 5, and I would like to see all references to “insulting” removed from the legislation. I have focused on this particular issue for the purpose of today’s debate on the amendments. The word “offensive” would remain; only the word “insulting” would be removed. As the Minister said, section 4 needs to be coupled with the threat of violence, whereas someone can be found guilty of an offence by intentionally insulting someone under section 4A and could be sent to prison for six months.
I am not alone in wanting this change. The Joint Committee on Human Rights said in its report of October 2011:
“We also support the amendment of the Public Order Act to remove all reference to offences based on insulting words and behaviour. This would enhance human rights and remove the possible incompatibility with the right to freedom of expression.”
Peter Tatchell—an unlikely ally of mine, Madam Deputy Speaker—said:
“Section 4A of the Public Order Act is sufficient to convey all the exceptional circumstances requiring prosecution (although its criminalisation of mere insults should also be repealed for the afore-mentioned reasons).”
I believe that it is totally unacceptable in a supposedly free country with alleged free speech that we should have any reference to the term “insulting” in the laws of our land. I think most people are fed up with political correctness, so abolishing any further criminalisation of insults would be great step to restoring faith in this place, showing that Britain is a country where free speech is cherished. A ComRes poll showed that 62% of people did not believe that the state should ever criminalise insults—a viewpoint supported by Liberty and the National Secular Society.
I think these are important matters, but I do not intend to press the new clauses to a vote. I am appalled and depressed, however, that the shadow Minister thinks all of these issues that affect people’s lives are not even worthy of consideration. He should be ashamed of himself; I look forward to his apology at some future point.