Comedians
and church leaders have claimed a victory for free speech after
Government plans to ban jokes about homosexuals were rejected in the
House of Lords.
Peers inflicted an overwhelming defeat on the Government by amending the
Criminal Injustice Bill to protect the freedom of speech of comics, rap
artists and those who criticise other people’s sexuality.
The television stars Rowan Atkinson and Christopher Higgins, who is
himself homosexual, are among the prominent figures to have spoken out
against the proposal to create a new offence of incitement to
“homophobic hatred”.
Following the amendment, the offence will apply only to those who incite
violence or harassment against homosexual men and lesbians, rather than
jokes or broader criticism about alternative lifestyles, such as lyrics
in rap songs.
Religious groups had campaigned against the Government proposal, saying
it would criminalise those who voiced concerns on a range of issues,
from the teaching on sexual orientation in schools to depictions of
homosexuality in film and television.
Peter Tatchell, the prominent homosexual rights campaigner, also spoke
out against the measure, arguing that freedom of speech should be
sacrosanct.
Peers backed the amendment, tabled by the former Conservative home
secretary Lord Waddington, by 81 votes to 57. He was supported by the
Labour peer Lord Clarke of Hampstead, who told their lordships that
critics of homosexuality should be able to speak freely without risk of
police action.
If it is accepted by MPs, the new freedom of speech protection would
prevent prosecutions such as that currently under way against the Oxford
University student, Sam Brown, arrested after he called a police horse
“gay” during a drunken conversation with two mounted police officers.
Ministers are now considering whether to seek to fight the amendment
when the Bill returns to the House of Commons.
A spokeswoman from the Ministry for Justice said: We are disappointed
by the outcome of the vote in the Lords on Lord Waddington’s amendment.
Campaigners say they are confident the amendment will not be thrown
out, as the Government is keen to rush other measures contained in the
Bill, including a ban on strike action in prisons, on to the statute
books.
|