HC Deb 03 March 1998 vol 307 cc859-61 3.36 pm
Mr. John Austin (Erith and Thamesmead)

I beg to move, That leave be given to bring in a Bill to render unlawful religious discrimination in employment and in the provision of certain types of goods, facilities and services and to make provision for appropriate enforcement; to create new offences relating to incitement to religious hatred; and for related purposes. In a submission to the United Nations in 1995, the previous Government stated succinctly and boldly their vision of an inclusive society. The submission said: It is a fundamental objective of the United Kingdom Government to enable members of ethnic minorities to participate freely and fully in the economic, social and public life of the nation, with all the benefits and responsibilities which that entails, while still being able to maintain their own culture, traditions, language and values. Government action is directed towards addressing problems of discrimination and disadvantage which prevent members of ethnic minorities from fulfilling their potential as full members of British society. The twin aims of public policy are social inclusion and participation by all in a shared civic culture, combined with cultural pluralism. The achievement of that requires issues of discrimination and disadvantage to be addressed. Racial abuse and racial harassment are a fact of life for many of our citizens. Racial harassment occurs when someone abuses or assaults someone else because of his or her colour, race, nationality, or ethnic or national origin. Incitement to racial hatred is a criminal offence, but what if the harassment, abuse or incitement is based not on one's colour, race, nationality, or ethnic or national origin, but on one's religion?

The National Secular Society and others have expressed concern that the Bill may limit freedom of speech and expression. I do not intend to make it more difficult for the religious beliefs and practices of any group to be open to critical scrutiny or rational discussion. The Bill does not intend to extend the blasphemy laws; nor would it suppress the legitimate reporting of atrocities or gross violations of human rights carried out in the name of religion. Freedom of speech and of expression, and freedom of the press and other media, are the sinews of our democracy, but they are not an absolute right without limits.

Some have argued that the existing laws are adequate to deal with the problem, but evidence published by the Runnymede Trust in its report, "Islamophobia—a challenge for us all" clearly shows that the law is inadequate to secure the objective of an inclusive and pluralist society, as set out in the previous Government's submission to the United Nations.

The Commission for Racial Equality has recommended changes in the law in respect of discrimination on grounds of religion and incitement to religious hatred. The previous Home Secretary, the right hon. and learned Member for Folkestone and Hythe (Mr. Howard), said in response to the Commission for Racial Equality: I have yet to be convinced that legislation could be justified. So far, there is little hard evidence of discrimination against individuals on religious rather than racial grounds, but I can assure you that the Home Office remains ready to look at any other evidence. I hope that the new Home Secretary will examine that evidence, which is clearly stated in the Runnymede Trust's report on Islamophobia.

Since that time, various faith communities have become more concerned, particularly about the extent and nature of discrimination in this country against Muslims and the lack of legal remedies that would allow those problems to be tackled. The Runnymede report refers to the prejudice and discrimination that Muslims experience in their everyday lives and describes Islamophobia as an ugly word for an ugly reality and as a growing phenomenon.

Hatred of Islam has existed in western cultures for several centuries, but it has become more explicit, extreme and dangerous. It is an ingredient of all sections of our media, which means that many Muslims are frequently excluded from the economic, social and public life of the nation.

The Runnymede report goes further than the Bill and makes wide-ranging recommendations. The Bill addresses only the issues of discrimination in employment and the provision of goods and services, and incitement to hatred. Estimates of the Muslim population in Britain vary, but the community is reliably thought to number between 1.2 million and 1.4 million. Whatever the correct figure, for the sake of members of that community and society as a whole, we cannot afford to allow Muslims to feel isolated and excluded from society.

The argument for legislation outlawing religious discrimination is broadly the same as that for legislation outlawing racial discrimination. First, a religious discrimination law would be a powerful symbol of public policy and would convey the important message that religious identities are valued and respected throughout society.

Secondly, there must be consistency. The Fair Employment (Northern Ireland) Acts have created an anomaly: religious discrimination in employment is unlawful in one part of the United Kingdom, but not in Great Britain. A further anomaly has been thrown up by the House of Lords decision that Sikhs constitute a racial group and are entitled to protection under the Race Relations Act 1976. Similarly, Jews can rely on that Act, because, like Sikhs, they can be defined by their ethnic as well as their religious identity. No such protection is afforded to other religious groups, such as Hindus or Muslims.

Yet another anomaly has been thrown up by the Crime and Disorder Bill, which addresses racially aggravated behaviour. In a civilised society, criminal law must be operated even-handedly. An attack carried out on a Sikh or a Jew because of his religion could be classified as racially aggravated assault, but an attack on a Hindu or a Muslim could not. In employment, except in Northern Ireland, an employer is free to discriminate against an employee on the ground of religion, which is often used as a cover for racial discrimination.

The Government have always maintained that equality of opportunity in employment is economically desirable: discrimination is an inefficient business practice which results in talent being wasted, to the detriment of the public at large. Discrimination also creates alienation and frustration among those who feel that the law does not provide them with redress. My Bill would contribute in no small measure to the elimination of such alienation and frustration.

The adherents of some faiths could make a discrimination claim under the Race Relations Act 1976 on the basis of their membership of an ethnic group. Hindus might do so as Indians, or Muslims as Arabs or Pakistanis, under the indirect discrimination clauses of that Act, but a white or Afro-Caribbean British citizen who had converted to Hinduism or Islam could not. Nor could groups such as Rastafarians, who are a minority within their own racial or national group. The 1976 Act deals with indirect religious discrimination, but financial compensation is not available unless the discrimination can be shown to be intentional. I accept that defining religion is difficult, but difficulties are no argument for not acting in the interests of harmony in our society.

The Bill does not deal with the issue of blasphemy. I would prefer the current law to be rescinded rather than extended, but there is a difference between the offences of blasphemy and incitement. Blasphemy outrages people's sensibilities, whereas incitement endangers their material and physical well-being. Currently, incitement to racial hatred is an offence under the Public Order Act 1986; inciting others to hate Muslims, however, is not a crime—the 1986 Act does not deal with the stirring up of religious hatred.

It has been suggested that the Bill limits freedom of speech, but the current law acknowledges that it is legitimate, in a democratic society, to interfere with freedom of expression if the publication of threatening, abusive or insulting material may not only offend people's sensitivities, but have a direct and harmful effect on their lives. An extension of the law to cover religious groups, as well as racial or ethnic groups, would give Muslims treatment equal to that of Jews and Sikhs, and would reassure them that their interests were respected sufficiently to warrant their protection from religious hatred.

The international covenant on civil and political rights declares that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited. We are not legally bound to introduce legislation to implement the provision, but I think that it is essential if we are serious about human rights, and about building a society in which all our citizens can participate freely and fully in the economic, social and public life of the nation—with all the benefits and responsibilities that that entails—while maintaining their own culture, traditions, language and values.

Question put and agreed to.

Bill ordered to be brought in by Mr. John Austin, Mr. David Atkinson, Mr. Simon Hughes, Fiona Mactaggart, Mr. Terry Rooney and Mr. Marsha Singh.