My Lords, any hate crime is completely unacceptable. The Government are committed to stamping them out. We have asked the Law Commission to conduct a wide-ranging review into hate crime to explore how to make current legislation more effective and whether additional protected characteristics should be added. It will report next year and we will respond to the review in full when it is complete.
The Home Office has the opportunity today to state clearly that unintended or apparent bullying is still bullying. A woman has been murdered every three days for the last 10 years, 62% of them by partners or former partners, yet there is no co-ordination among the authorities to build an accurate pattern of abuse. Making misogyny a hate crime will go some way to addressing this scandal in our society, but when, Minister, when?
The noble Baroness will know, because I have said it here before, that the Law Commission will report on its findings next year. She will also understand that equality of protection is a crucial element of ensuring public support for hate crime legislation.
My Lords, charities and campaign groups have raised concerns about closed online groups mobilising to incite hatred and violence against communities. The Government need to act now to protect ethnic, religious and LGBT+ communities living in fear. Will the Minister agree to provide an urgent Written Statement to your Lordships’ House at the beginning of January, after the end of the Law Commission review, on what plans the Government have to introduce hate crime legislation and protect those communities now from this insidious crime?
The noble Baroness will know that there are already numerous strands of hate crime legislation. After the Law Commission has reported, I fully expect that Parliament will be updated on its findings.
My Lords, I will make one brief point. My noble friend will have noticed the concession made by the Scottish Government on their hate crime Bill that one has to show intent to incite hatred. Will my noble friend keep this in mind when the Law Commission reports next year?
My Lords, hate speech that results in criminal actions such as incitement to violence is to be both deplored and subject to legislation. That said, I am concerned that one of our most precious democratic freedoms—freedom of expression—might be hampered if this is widely applied to include any offensive or misogynistic speech. The distinction between unpleasant, even hateful, speech and criminal incitement is often determined by the context in which it occurs. Does the Minister agree that each hate speech incident should be considered on a case-by-case basis rather than by means of broad legal sanctions?
I certainly agree that freedom of speech is one of the most precious things we preserve in this country, but it comes with responsibility. Where freedom of speech is used as an excuse to inflict a hate crime on someone else, that line has been crossed.
My Lords, I agree with my noble friend’s last answer. We are all against the hatred of women, but does my noble friend agree that we do not need to create more offences when there are already laws dealing with misogyny? Is it not already a crime, for example, to breach the peace, to threaten violence against a woman, physically to attack a woman, both sexually and non-sexually, and to incite violence against a woman? Where those crimes are aggravated by hatred of the victim or women generally, the court will take that into account when sentencing the defendant. If the evidence is there, we can and should prosecute. We do not need more offences.
We will keep an open mind until the Law Commission reports but my noble and learned friend is absolutely right in some of the things that he says. As I said to the noble Baroness, Lady Donaghy, if we created a hate crime in relation to gender, we would have to think very carefully about whether it would apply to the entire population or just women. That is what the Law Commission is considering.
This week is White Ribbon Week. Despite much progress around support for victims of domestic abuse, Citizens UK has found that hate motivated by gender is already a factor in 33.5% of all existing hate crime. It is therefore no wonder that many people feel that the current legislation is outdated. Further to my noble friend Lady Primarolo’s question, may I press the Minister a little further? Will she commit to accepting the Law Commission’s final recommendations on this issue and to bringing legislation forward next year?
I do not know what those recommendations are yet but I can say to the noble Baroness that the Law Commission’s review will include how protected characteristics—including sex, gender and age—should be considered by new or existing hate crime law, as well as how legislation protects the existing protected characteristics.