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The government brought the proposal back before
Parliament in the Serious Organised Crime and Police Bill in the Session leading up to the general election in May 2005. During the Lords debate on the relevant section of the Bill, on 5 April 2005 (the day on which the general election was called), the
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passed amendments to the Bill on 25 October 2005 which have the effect of limiting the legislation to "A person who uses threatening words or behaviour, or displays any written material which is threatening... if he intends thereby to stir up religious hatred". This removed the abusive and insulting
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said: "I appreciate that this measure is an attempt to provide comfort and protection to them but unfortunately it is a wholly inappropriate response far more likely to promote tension between communities than tolerance." Leaders of major religions and race groups spoke out against the Bill, as did
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At the general election, the Labour Party confirmed that, were it to be re-elected, it would bring in a Bill to outlaw incitement to religious hatred: "It remains our firm intention to give people of all faiths the same protection against incitement to hatred on the basis of their religion. We will
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The
Government's plan was simply to add 'or religious' after 'racial' in the existing law, which would then have penalised use of 'threatening, abusive or insulting words or behaviour'. Critics of the Bill (before the removal of the words 'abusive or insulting ' and the addition of a requirement
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to cover incitement to religious hatred. When the Bill reached the House of Lords, an amendment to remove the clause was passed by 240 votes to 141. The
Commons reinstated the clause, but the Lords again removed it. Finally, the then
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31 January 2006 – The
Commons agreed to an amendment from the House of Lords by 288 to 278, contrary to the position of the Government. A second Lords amendment was approved by 283 votes to 282 in the absence of
373:, who had apparently underestimated support for the amendment. This made the bill the Labour government's second (and third) defeat since the 2005 election. The Tories' strategy to win the vote was inspired by "
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provision was removed. When the Bill returned to the
Commons on 7 April, the Government announced that it was dropping the measure so as to secure the passage of the Bill as a whole before the
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of 11 September 2001, the
Government in Britain brought forward the Anti-Terrorism, Crime and Security Bill. Clause 38 of that Bill would have had the effect of amending Part 3 of the
273:(1) A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred.
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legislate to outlaw it and will continue the dialogue we have started with faith groups from all backgrounds about how best to balance protection, tolerance and free speech".
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320:, which guarantees freedom of religion and expression, and so denied that an Act of Parliament is capable of making any religious text illegal.
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313:(who had since 2001 been pointing to the vital differences between ethnicity and religion when the context was restricting freedom of speech).
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In this Part "religious hatred" means hatred against a group of persons defined by reference to religious belief or lack of religious belief.
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also feared prosecution for their work. While sympathising with those who promoted the legislation, actor and comedian
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The Act is notable because two amendments made in the House of Lords failed to be overturned by the
Government in the
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An Act to make provision about offences involving stirring up hatred against persons on racial or religious grounds.
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11 October 2005 – The bill was read by the House of Lords as a 300-strong group of protesters demonstrated in
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The
Government attempted to overturn these changes, but lost the House of Commons votes on 31 January 2006.
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Government's third attempt to bring in this offence: provisions were originally included as part of the
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of stirring up religious hatred) asserted that the Act would make major religious works such as the
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Supporters of the Bill responded that all UK legislation has to be interpreted in the light of the
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concept, and required the intention – not just the possibility – of stirring up religious hatred.
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Hare, I (2006), "Crosses, Crescents and Sacred Cows: Criminalising
Incitement to Racial Hatred",
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in 2004-5, but was again dropped in order to get the body of that Bill passed before the
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of inciting hatred against a person on the grounds of their religion. The Act was the
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Goodall, K (2007), "Incitement to Racial Hatred: All Talk and No
Substance",
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1 October 2007 – The act came partially into force with the publication of a
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Hansard - Text of House of Commons Standing Committee discussion of the Bill
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Public Order Act, amended to reflect the proposed changes of the bill
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Doe, N; Sandberg, R (2008), "The Changing Criminal Law on Religion",
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Racial and Religious Hatred Act 2006 (Commencement No. 1) Order 2007
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493:"Atkinson takes fight with religious hatred Bill to Parliament"
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Carlin, Brendan; Jones, George; Helm, Toby (2 February 2006).
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to become the Racial and Religious Hatred Act 2006 c. 1.
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illegal in their current form in the UK. Comedians and
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The Racial and Religious Hatred Act 2006, section 3(4)
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The Act amends the Public Order Act 1986 as follows:
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in 2001, but were dropped after objections from the
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204:Most of the Act came into force on 1 October 2007.
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340:11 July 2005 – The bill was passed by the
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802:Law about religion in the United Kingdom
678:The Racial and Religious Hatred Act 2006
668:The Racial and Religious Hatred Act 2006
581:"Blair's whips fooled by West Wing plot"
732:Blackadder's revenge hits the hate bill
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188:Serious Organised Crime and Police Bill
180:Anti-Terrorism, Crime and Security Bill
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750:Christian group may seek ban on Qur'an
491:Danielle Demetriou (7 December 2004).
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144:Text of statute as originally enacted
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115:Police and Criminal Evidence Act 1984
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160:Racial and Religious Hatred Act 2006
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562:"Ministers lose religious bill bid"
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151:Revised text of statute as amended
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440:The citation of this Act by this
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726:New effort to ban religious hate
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170:which creates an offence in
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744:Protest over religious hate
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130:Status: Current legislation
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358:25 October 2005 – The
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249:Controversy
766:Categories
654:Public Law
429:References
418:Incitement
375:A Good Day
371:Tony Blair
212:After the
111:Relates to
103:Amended by
42:Long title
645:145396261
621:(1): 89,
587:. London.
504:30 August
353:Hyde Park
294:satirists
282:intention
56:2006 c. 1
709:BBC News
636:1893/262
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402:See also
288:and the
280:for the
52:Citation
608:: 88–97
335:History
166:of the
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176:Labour
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641:S2CID
290:Quran
286:Bible
73:Dates
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323:The
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164:Act
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