Anti-Muslim Hostility: Non-statutory Definition

Question

Asked by

To ask His Majesty’s Government what assessment they have made of how the new non-statutory definition of anti-Muslim hostility will (1) protect Muslims, and (2) safeguard freedom of speech.

My Lords, the Government have adopted a definition of anti-Muslim hostility focused on protecting individuals. The definition provides a shared practical framework to help victims, communities and services respond to anti-Muslim hostility while improving understanding across wider society. It also explicitly safeguards free speech, making it clear that criticism, debate or even ridicule of religious ideas remain lawful. Keeping citizens safe is a fundamental duty of government. I would always hope that we did not need these definitions, but we know we do, and this definition is a crucial step in strengthening the protection for our citizens.

I thank the Minister for her reply, and I appreciate that the Government have made a real attempt to balance protecting Muslims on the one hand and safeguarding freedom of speech on the other. While I can see that the definition might be quite useful from a cultural point of view, it is very difficult to see how it is going to work in relation to the law. The Government’s statement specifically says:

“The definition does not change what is or is not a crime, nor does it equate anti-Muslim hostility with crime”.

My question is really this: in what way, if any, does this definition make a difference to the application of the law? After all, violence against Muslims is already a crime. By having this definition, what difference does it make?

The noble and right reverend Lord is quite correct to say that this definition does not change the law. However, it describes distinct forms of unacceptable hostility that many Muslims experience. We know the terrible things that happen, online and in person, to members of our Muslim community. This should increase understanding across wider society. It gives victims confidence that what they face will be recognised and taken seriously. By setting clearer boundaries around what is and, importantly, what is not anti-Muslim hostility, the definition helps create space for a much more open and honest discussion of sensitive—we know how sensitive these issues are—but wholly legitimate issues. The definition does not restrict criticism, debate or even ridiculing. It is about unacceptable behaviour towards people, not the protection of belief systems.

My Lords, I congratulate my noble friend and the working group on a very clear, common-sense definition. Does she agree that it is a very useful public educational tool, not least for signposting actual hard law, such as articles in the human rights convention on free expression and discrimination, and, as my noble friend said, for being clear that free speech, including critique of religion, is protected?

I thank my noble friend for making the point about thanking the working group. This has been a very sensitive and very detailed piece of work for it to do, and I am very grateful to the working group, my honourable friend the Minister for Faith in the other place and, of course, my noble friend Lord Khan, who started working on this and did a great deal of work on it previously.

My point, which my noble friend echoed, is that if we cannot clearly define an issue, we cannot properly identify, measure or address it. A definition provides the clarity needed to respond consistently and effectively. It helps distinguish between legitimate debate—which remains fully protected—and unacceptable hostility, prejudice and discrimination directed at individuals. Very importantly, there are elements of the definition that refer to legal procedures and other elements that are aimed more at society’s acceptance that we should not be hostile towards our communities.

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We will hear from the Conservative Benches.

My Lords, to build on the Question from the noble and right reverend Lord, Lord Harries, of course the Minister will be aware that the previous Government back in 2016—I know because I was instrumental in that—brought in the specific crime of anti-Muslim hatred, but the approach they took was one of inclusivity; that is, it was not just for one faith but for ensuring that all religious hate crime could be reported. Indeed, the statistics we have now reflect that. I respect very much Dominic Grieve, who I worked with very closely. How will this definition fit in specifically? The second element is on education and ensuring that hate crimes are reported and accurately recorded.

Yes, it is really important that we make sure that the reporting and recording are done. In terms of support for other faith groups, we will work with and celebrate our faith and belief communities to improve the understanding of different religions, to support tolerance and to build a more cohesive and resilient country. A very detailed action plan sits behind the whole of Protecting What Matters, which is where the definition is included. The education the noble Lord refers to is very clearly and consistently part of that action plan—we will have another opportunity to debate that on Monday when I will answer questions on the Statement on it. We continue to support programmes such as Near Neighbours which bring people together in religiously and ethnically diverse neighbourhoods to make sure that they are collaborating on community initiatives. The action plan supports all that work as well as providing this very clear definition of anti-Muslim hostility.

I welcome the action plan and pay tribute to all the work that has gone into arriving at it. In 2019, the then Conservative Communities Secretary, James Brokenshire, said:

“The government is wholeheartedly committed to ensuring that Muslims are not targeted for hatred, persecution or discrimination”.

The Government’s press release at the time said that they agreed that

“there needs to be a formal definition of Islamophobia to help strengthen our efforts against anti-Muslim hatred”.

In recognising, as the Minister has set out, that this definition is not about preventing free speech but about protecting individuals, can I ask her to articulate how this plan and this definition would operate on exactly the same principle as the widely adopted working definition of antisemitism, and that those who claim this is an Islamophobia law or a blasphemy law—which is widely being put out there now, very destructively—are simply spreading disinformation and sowing division? Hate speech is not free speech.

I want to be absolutely crystal-clear on the point about blasphemy. There are no blasphemy laws in England, and the Government have no plans to introduce any. The UK has a very proud tradition of religious tolerance within the law, and the Government are committed to building a strong and integrated society in which hatred and prejudice are not tolerated and where everyone is free to express their religious identity and live without fear of discrimination or harm. Muslims are currently subject to 45% of hate crime and we have seen horrific incidents aimed at our Jewish communities and, shockingly, a spike in antisemitism in our communities following those incidents. We need to support those communities, and the Government are absolutely committed to doing so.

My Lords, it has been a great honour in the last few weeks to have been the guest at several iftar meals with the Muslim community in Yorkshire, where I am based. I know the noble Baroness mentioned the debate on Monday, but knowing how real Muslim hate crime is and hearing stories from Muslim neighbours just in the last few days, it would be good to hear more about how this is going to be implemented, because this is a definition not to sit on a shelf but to be used to help us become a more tolerant society.

I agree with the most reverend Primate. I am going to the iftar in Stevenage tomorrow evening, and it has been great to see the cross-community participation in iftars around the country. The Government are taking a number of steps to support this definition, with funding that will help to tackle some of the anti-Muslim hostility that we have seen. For example, we have put additional funding for cohesion into the Pride in Place programme to enable us to tackle some of these issues. I will go into more detail on Monday.