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Tuesday, May 13, 2008

Finally – the blasphemy law is dead and buried

The House of Commons voted overwhelmingly on Tuesday to support the abolition of the common law offences of blasphemy and blasphemous libel. This was the final stage in the Criminal Justice and Immigration Bill, and the amendment was carried by 378 votes to 57. The Bill received Royal Assent yesterday, so the blasphemy law is now officially dead and buried.

In a tetchy and bad-tempered parliamentary debate, Conservatives put in their final bid to block the abolition, arguing that it represented a significant step in the secularising of Britain. Some raised the spectre of it being the beginning of a process that would eventually lead to disestablishment. Government Minister Maria Eagle MP assured MPs that there was no such “hidden agenda”.

Other MPs were, though, less shy about hoping that one day the Church of England would be disestablished. David Howarth, Liberal Democrat shadow Solicitor General said: “It is the policy of my party to work towards the disestablishment of the Church, and the separation of Church and state. I am fairly comfortable with that position.”

Mr Howarth continued: “The principle of the separation of Church and state is not about the separation of religion and politics, which I think is impossible. We cannot separate people’s moral, religious views from their political views. We are talking about the state, not about society, and about the religious commitments of the state, not about whether people in society are religious or not. In the course of debate we have heard three separate arguments against the idea of state neutrality in religion. One of them; it might be called the “this is a Christian country” argument.

“We do indeed have an established Church, we have Acts of Parliament such as the School Standards and Framework Act 1998, which mandates an act of broadly Christian collective worship in schools, and we have Prayers in this place. The trouble with that point is that what is, is not necessarily what ought to be. It ignores the new circumstances in which we find ourselves, which make it important now more than ever to reject the idea of the mixture of Church and state, any notion of theocracy or any hint that the state should be built on a particular religious view.”

NSS honorary associate Dr Evan Harris, Lib Dem MP for Abingdon and Oxford (the original architect of this amendment), challenged Tory MPs who were arguing for the preservation of blasphemy laws. In an earlier debate that evening on the same Bill they had argued that new proposals to outlaw hatred against homosexuals would unnecessarily restrict the right of religious people to make clear their disapproval of homosexuality. Now they were arguing that the blasphemy law was necessary to protect religious people against offence. It seemed that their defence of free speech was not entirely consistent.

Dr Harris said: “When it came to the issue of incitement to homophobic hatred, we heard a number of speeches and interventions from Conservative Members claiming that freedom of speech was critical and that freedom of expression was under threat. Yet when it comes to an issue—blasphemy, as opposed to incitement to hatred—that causes individuals themselves no damage, making the case for proscribing it much weaker, those very same people argue that freedom of expression has to go in order to maintain their version of no change. They want to maintain some symbolic law or the safety of the UK constitution, which they fear may be shaken to its foundations by the abolition of these unnecessary and discriminatory laws.”

Read the whole debate.