Lord Herbert of South Downs (Con)

I am grateful for the noble Baroness’s intervention. This issue merits further and deeper discussion, which is a matter for the Government to address. Yes, of course, the whole principle of aggravated offences and hate crime is that it may involve an infringement upon free speech. The judgment that we must make is whether it is legitimate that it does because of the seriousness of the offences. As I have said, it is very important that we do not allow the criminal law and the police to intrude into the trivial. The point that I was making is that there is a danger of giving the impression that this is only about disagreeable things that are said on Twitter. It is not. We are talking about offences at the more serious end of the spectrum as well: offences which, when committed against people simply because of their characteristics, because they happen to be members of a particular group, make them more serious. We should be sending that signal to society and protecting the victims. If we do not take that position, and if we think that the whole regime of aggravated offences is wrong, let us take an honest position and say that we will not have them for racial offences or religious offences either. That is not the position, as I understand it, of our Front Bench, which is why I cannot support noble Lords in opposing the Government’s amendment.