Last updated: 28 November 2005
Government backs down over religious harassment law
 
Following its comprehensive defeat in the House of Lords, the Government has agreed to drop the religious harassment law from the Equality Bill.

On 9 November Peers voted by 216 to 126 for Lord Lester and Lady O'Cathain's cross-party amendment deleting religious harassment from the Bill.

More information on the vote.

In response the Government told the House of Commons on 21 November that it will not seek to reinstate the harassment clause. Instead it will be referred to the discrimination law review for further scrutiny.

The Government had planned to make it illegal for a public body or a landlord to 'harass' an individual on the grounds of their religion or belief. But in fact we already have a perfectly good law which protects everyone: the Protection from Harassment Act 1997.

Religious harassment raises many of the same concerns about free speech as the Racial and Religious Hatred Bill. Many Peers expressed fears that the law would encourage politically correct officials to stop public expressions of Christianity, such as evangelism, carol services, or Bibles by hospital bedsides - as we have seen in our newspapers repeatedly in recent months.

Lord Lyell of Markyate, former Attorney General, said: 'Under this Bill, John Wesley would have been prevented from preaching in most open-air areas', pointing out that it applies to council-owned land. Lady O'Cathain warned: 'We cannot ignore the plight of the Christian hospice that could be sued for saying grace, or the prison chaplain who is told he cannot initiate conversations about God with inmates...'

The discrimination law review is to produce a Green Paper in late Spring 2006 to consult on its wide-ranging deliberations. The consultation may include the issue of religious harassment.

Equality Bill Resources:

Equality Bill Briefing

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Religious Harassment Briefing

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Summary of our concerns

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Legal Opinion on the Equality Bill

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