§ Mr. Marlowasked the Attorney-General if he will refer to the Director of Public Prosecutions with a view to prosecution under the Race Relations Acts the behaviour of those attending the meeting of coloured organisations on 29 June.
§ The Attorney-GeneralTo commit an offence contrary to section 5A of the Public Order Act 1936 a person must publish or distribute written matter or must use in a public place or at a public meeting words that are threatening, abusive or insulting in a case where, having regard to all the circumstances, hatred is likely to be stirred up against a racial group in Great Britain by the matter or words in question. The tests laid down by that section are, in my view quite rightly, applied most stringently by the courts and I do not consider that the behaviour to which the hon. Gentleman refers satisfies those tests. Therefore, I do not propose to refer the matter to the Director of Public Prosecutions, who cannot institute proceedings for offences under section 5A without my consent.