This content requires the Adobe Flash Player. Download Adobe Flash Player here.
Scottish
Update Issue 3 - The newsletter of the Christian Institute (Scotland)
Laws
against 'religious hatred' could be used to silence Christians
By
Jonathan Phillips
The
Executive has set up a cross-party working group to consider legislation
tackling religious and sectarian hatred in Scotland.
The working group was announced last November and is chaired by
the Deputy Minister for Justice, Richard Simpson.(1)
The working group has so far only met twice. It is next due to meet
in September.
The group will consider a variety of proposals such as harsher sentences
for crimes that are deemed to be 'aggravated' by religious hatred.
The Westminster Parliament introduced a similar law for England
and Wales in December. Westminster tried to go even further and
proposed creating a new crime of incitement to religious hatred,
but this was rejected after journalists and religious groups feared
it could be used against them.
Despite the protests against such a law in England and Wales, the
Executive's working group is also considering the option of an incitement
to religious hatred offence in Scotland.
This would be a serious threat to religious debate. After several
years of such a law, Christians might face criminal prosecution
for saying that Christ is the only way to God.
The working group is expected to produce a report on its recommendations
after the summer. It is expected this will then be followed by a
consultation.
The setting up of the working group has effectively halted Donald
Gorries' Private Members Bill on 'Protection from Sectarianism and
Religious Hatred'. His bill is expected to be abandoned.
Mr Gorrie, who is on the Working Group, is now planning to add an
amendment to the Criminal Justice Bill during its second stage this
autumn, calling for the introduction of a religiously aggravated
offence.
His original bill put forward last June called for this as well
as requiring organisations to draw up a code of conduct to combat
religious hatred.
The recommendations of the working group are likely to strongly
influence the path taken by the Executive and so will be very important,
along with any consultation that is conducted.
1
The Scottish Parliament, Written Answers, 1 May 2002, S1W-24710
KEY POINT:
There
is an important difference between an offence which is 'aggravated'
by religious hatred and a stand-alone offence of 'incitement to
religious hatred'.
An aggravated offence means harsher sentences for those who commit
existing crimes (e.g. assault) which are motivated by religious
hatred. It is not a new offence, it just means tougher sentencing.
This was introduced in England and Wales last year.
But an 'incitement' offence would be a totally new offence targeting
actions deemed to provoke religious hatred. This could criminalise
ordinary religious debate. Some groups might use the law against
anyone who criticises their beliefs. Given time, such a law could
result in Christians facing criminal prosecution simply for saying
that Christ is the only way to God.
Back
to Contents
