Lord Jackson of Peterborough (Con)

My Lords, it is a pleasure to have the opportunity to contribute to Committee proceedings. My Amendment 352 is quite straightforward. It would omit the word “alarm” from the appropriate legislation, by way of a new clause. In the landmark 1976 case, Handyside v United Kingdom, the European Court of Human Rights established that freedom of expression under Article 10 extends to ideas that “offend, shock or disturb” the state or any sector of the population. The court emphasised that tolerance and pluralism are essential for a democratic society, and that this protection applies to both popular and unpopular expression. The cut and thrust of debate, whether political, religious or philosophical, means being able to challenge long-standing and sometimes deeply cherished assumptions. It can be shocking and disturbing—even alarming—to have the pillars of one’s world view challenged. It can be deeply uncomfortable, but it should not be a matter for the criminal law. That is why I have tabled this amendment to the Public Order Act 1986. My amendment would remove “alarm” from Sections 4A and 5 of the 1986 Act. Section 4A currently criminalises “words or behaviour” that are intended to cause “another person harassment, alarm or distress”. Section 5 criminalises “words or behaviour … within the hearing or sight of a person likely to be caused harassment, alarm or distress”, even where that impact is not intended or, indeed, actually caused. It seems to me that there should be no place in the criminal law of England and Wales for criminalising a citizen on the basis that his words or behaviour cause or are deemed likely to cause alarm. Of course, the law should seek to protect the citizen from harassment and distress: these are impacts that can have untold negative effects on people. In a democratic society, freedom of speech should always be balanced with civility and kindness. But, unlike harassment or distress, being alarmed is not inherently a negative impact. Indeed, it may be positive. For some years now, we have been warned that our planet is hurtling towards destructive and irreversible climate change—I notice the noble Baroness, Lady Jones of Moulsecoomb, temporarily sitting on my Benches—such that it might not be able to support life as we know it. The science and the prescribed remedy are by no means universally accepted. I make no point about that, but I do observe that those seeking to change our economic behaviour have not flinched at alarming us about the peril we face. Of course, if you believe that bad consequences will follow bad decisions, you will naturally warn of those dangers, as exemplified by the proponents of Project Fear during the EU referendum. If the perceived dangers are said to be catastrophic, it will inevitably alarm some people. This is seen in the expression of religious or philosophical belief. If a Christian preacher believes, as Christians do, that the Day of Judgment is approaching, in which all people will be judged for the lives they have lived in the here and now, it should come as no surprise that the preacher will seek to ring the alarm bell. If you believe that the world consumption of meat is causing the decimation of the rainforests and leading to the overproduction of carbon dioxide gases, you might well want to alarm the complacent beef eater of those catastrophic consequences in order to make the case for veganism.