text_body: --- DIVISION TITLE ---
  
  Racial and Religious Hatred Bill &#8212; Clause 1 &#8212; Hatred against persons on racial or religious grounds
  
  --- MOTION EFFECT ---
  
  <p class="italic" pid=".653.1/1">Amendment proposed: No. 1, in page 1, line 3, of the <a href="http://www.publications.parliament.uk/pa/cm200506/cmbills/011/2006011.pdf">Racial and Religious Hatred Bill, as introduced to parliment</a>, leave out from 'Act' to end of line 7.&#8212;[Mr. Carmichael.]</p>
  
  <p><a href="http://www.theyworkforyou.com/debate/?id=2005-07-11.635.0">
  Mr Evan Harris states that amendment No. 1 is a  paving amendment for new schedule  1</a>, and I presume amendment No. 2 which removes the original schedule.
  </p>
  
  <p>New Schedule 1 reads:</p>
  
  <p>âRacial Hatredâ</p>
  
  <p>1 Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect subject to the following amendment.</p>
  
  <p>2 Section 17 of the Public Order Act is amended to read as followsâ</p>
  
  <p>"(1) In this Part 'racial hatred' means hatred against a racial group, of persons defined by reference (whether directly or indirectly) to colour, race, nationality, (including citizenship) or ethnic or national origins ('a racial group').</p>
  
  <p>(2) In this sectionâ</p>
  
  <p>(a) 'an indirect reference' means a reference to religion or religious belief or to a person's membership or presumed membership of a religious group as a pretext for stirring up racial hatred against a racial group;</p>
  
  <p>(b) 'religious group' means a group of persons defined by reference to religion or religious belief.</p>
  
  <p>(3) It shall not be an offence under this section if the activity consists ofâ</p>
  
  <p>(a) criticising the beliefs, teachings or practices of a religion or its followers, for example, by claiming that they are false or harmful;</p>
  
  <p>(b) proselytising one's own religion or urging followers of a different religion to cease practicing theirs;</p>
  
  <p>(c) expressing irreverent comedic comments about religion or belief; its worship, teaching, practice or observance;</p>
  
  <p>(d) expressing antipathy or dislike of particular religions or their adherents."</p>
  
  <p>The original schedule reads:</p>
  
  <p>âHATRED AGAINST PERSONS ON RACIAL OR RELIGIOUS GROUNDSâ</p>
  
  <p>1 Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect
  subject to the following amendments.</p>
  
  <p>2 For the heading for Part 3 substitute âHATRED AGAINST PERSONS ON RACIAL
  OR RELIGIOUS GROUNDSâ.</p>
  
  <p>3 After section 17 insertâ</p>
  
  <p>âMeaning of âreligious hatredâ</p>
  
  <p>17A Meaning of âreligious hatredâ</p>
  
  <p>In this Part âreligious hatredâ means hatred against a group of
  persons defined by reference to religious belief or lack of religious
  belief.â</p>
  
  <p>4 In the cross-heading before section 18, for âracial hatredâ substitute âracial or
  religious hatredâ.</p>
  
  <p>5 (1) Section 18 (use of words or behaviour or display of written material) is
  amended as follows.</p>
  
  <p>(2) In subsections (1)(a) and (5) for âracial hatredâ substitute âracial or religious
  hatredâ.</p>
  
  <p>(3) For subsection (1)(b) substituteâ</p>
  
  <p>â(b) having regard to all the circumstances the words, behaviour
  or material are (or is) likely to be heard or seen by any person
  in whom they are (or it is) likely to stir up racial or religious
  hatred.â</p>
  
  <p>6 (1) Section 19 (publishing or distributing written material) is amended as
  follows.</p>
  
  <p>(2) In subsections (1)(a) and (2) for âracial hatredâ substitute âracial or religious
  hatredâ.</p>
  
  <p>(3) For subsection (1)(b) substituteâ</p>
  
  <p>â(b) having regard to all the circumstances the material is likely to
  be seen by any person in whom it is likely to stir up racial or
  religious hatred.â</p>
  
  <p>7 (1) Section 20 (public performance of play) is amended as follows.</p>
  
  <p>(2) In subsections (1)(a) and (2) (in both places) for âracial hatredâ substitute
  âracial or religious hatredâ.</p>
  
  <p>(3) For subsection (1)(b) substituteâ</p>
  
  <p>â(b) having regard to all the circumstances the performance is
  likely to be attended by any person in whom the performance
  (taken as a whole) is likely to stir up racial or religious
  hatred.â</p>
  
  <p>8 (1) Section 21 (distributing, showing or playing a recording) is amended as
  follows.</p>
  
  <p>(2) In subsections (1)(a) and (3) for âracial hatredâ substitute âracial or religious
  hatredâ.</p>
  
  <p>(3) For subsection (1)(b) substituteâ
  â(b) having regard to all the circumstances, the recording is likely
  to be seen or heard by any person in whom it is likely to stir
  up racial or religious hatred.â</p>
  
  <p>9 (1) Section 22 (broadcasting or including programme in programme service) is
  amended as follows.</p>
  
  <p>(2) In subsections (1)(a), (3), (4) (in both places), (5) (in both places) and (6) for
  âracial hatredâ substitute âracial or religious hatredâ.</p>
  
  <p>(3) For subsection (1)(b) substituteâ
  â(b) having regard to all the circumstances, the programme is
  likely to be seen or heard by any person in whom it is likely
  to stir up racial or religious hatred.â</p>
  
  <p>10 For the cross-heading before section 23 substitute âInflammatory materialâ.</p>
  
  <p>11 (1) Section 23 (possession of racially inflammatory material) is amended as
  follows.</p>
  
  <p>(2) In subsection (1) for the words from âif he intendsâ onwards substitute âif he
  intends racial or religious hatred to be stirred up thereby or subsection (1A)
  applies.â</p>
  
  <p>(3) After subsection (1) insertâ
  â(1A) This subsection applies if, having regard to all the circumstances, the
  material or recording is likely to be seen or heard by any person in
  whom it is likely to stir up racial or religious hatred.â</p>
  
  <p>(4) In subsection (3) for âracial hatredâ substitute âracial or religious hatredâ.</p>
  
  <p>(5) In the sidenote, for âracially inflammatoryâ substitute âinflammatoryâ.</p>
  
  <p>12 In section 29 (interpretation) after the definition of ârecordingâ insertâ</p>
  
  <p>âreligious hatredâ has the meaning given by section 17A;â.</p>
  
  
  <p pid=".653.1/3"><i>The House divided:</i> Ayes 233, Noes 291.  The Noes prevented the replacement of the shedule from taking place.</p>
  
  
  --- COMMENTS AND NOTES ---
  
  (put thoughts and notes for other researchers here)
  