Incitement to ‘homophobic’ hatred offence votes

2008 votes

The details

On 9 January 2008 MPs voted against an amendment to include a free speech clause in the Criminal Justice and Immigration Bill. The amendment was defeated by 340 votes to 171.

On 21 April 2008 the House of Lords voted in favour of inserting Lord Waddington’s free speech clause into the Bill. The Bill returned to the House of Commons with the clause included.

On 6 May 2008 the House of Commons voted to remove the free speech clause from the Bill by 340 votes to 140. The Labour and Liberal Democrat Parties whipped their MPs to oppose the free speech amendment. Conservative MPs had liberty to vote according to their conscience.

On 7 May 2008 the House of Lords voted to reinstate the free speech clause and the Government accepted the amendment in the House of Commons later that day.

How we recorded the vote

• Voted for a free speech amendment to the ‘homophobic hatred’ offence in 2008
• Voted against a free speech amendment to the ‘homophobic hatred’ offence in 2008
• Abstained or was absent on the votes for a free speech amendment to the ‘homophobic hatred’ offence in 2008

Voting Examples

The two 2008 votes were combined in our record. For an MP who cast a different vote on 6 May to their vote on 9 January, we used their second vote, i.e. that on 6 May.

For example, Crispin Blunt voted against a free speech clause on 9 January, but in favour of the free speech amendment on 6 May 2008. Our statement of his position gives his vote on 6 May 2008. Thus Crispin Blunt has the designation: voted for a free speech amendment to the ‘homophobic hatred’ offence in 2008.

For MPs who abstained or were absent on 6 May, their vote on 9 January was taken to be their position in 2008.

For example, Graham Allen MP abstained or was absent on 6 May, but voted against the free speech amendment on 9 January. Our statement of his position gives his vote on 9 January. Thus Graham Allen has the designation: voted against a free speech amendment to the ‘homophobic hatred’ offence in 2008.

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2009 votes

The details

In 2009 the Government sought to repeal Lord Waddington’s free speech clause via the Coroners and Justice Bill.

On 24 March 2009 Labour MP David Taylor proposed an amendment to keep the free speech shield, but MPs rejected this by 330 votes to 176. Again the Labour Government whipped against the free speech clause; Conservative MPs were free to vote according to their conscience – only one Conservative MP opposed the clause, John Bercow. Only two Lib Dem MPs supported the amendment.

On 9 July 2009 the House of Lords voted to preserve Lord Waddington’s free speech clause by 186 votes to 133. Lib Dem Peers were given a free vote on the clause for the first time.

On 9 November 2009 the House of Commons voted to overturn the Lords’ decision by 342 votes to 145. The Bill returned to the House of Lords with the free speech clause removed. In the final vote no Conservative MP voted to repeal the Waddington amendment. Only one Lib Dem, Alan Beith, voted to keep the amendment.

On 11 November 2009 the House of Lords voted to reinstate the free speech clause by 179 votes to 135. The Government backed down and kept the free speech clause instead of losing the whole Bill later that week at the end of the Parliamentary session.

In total the House of Lords voted on four separate occasions over this two-year period to keep the free speech clause.

How we recorded the vote

• Voted for a free speech amendment to the ‘homophobic hatred’ offence in March 2009
• Voted against a free speech amendment to the ‘homophobic hatred’ offence in March 2009
• Abstained or was absent on the vote for a free speech amendment to the ‘homophobic hatred’ offence in March 2009
• Voted for a free speech amendment to the ‘homophobic hatred’ offence in November 2009
• Voted against a free speech amendment to the ‘homophobic hatred’ offence in November 2009
• Abstained or was absent on the vote for a free speech amendment to the ‘homophobic hatred’ offence in November 2009