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HOWARD'S WAY.... a weekly column from Michael Howard MP

<IMG height=195 hspace=10 src="images/michaelhoward3.jpg" width=130 align=right vspace=10 border=0>9 February 2006

The last two weeks have been pivotal in the debate on freedom of speech.

This freedom is fundamental to the kind of society we live in. It is fundamental to our democracy. It should be limited only when there is an overwhelming case for doing so.

That is why, last week, I voted against the Government’s proposals top introduce a new offence of incitement to religious hatred. Religious debate must be uninhibited. We must be allowed to criticise other people’s beliefs. So I was delighted that the Government lost the vote on two crucial amendments, particularly since they were unable to point to any conduct which would be prohibited by the new law which was not already covered by existing legislation.

I accept that there should be some limits to freedom of expression. The most obvious are incitement to violence, including murder. These are, of course, already offences under our criminal law.

But the law must be applied even-handedly. That is why I agree with the call by David Davis, the Shadow Home Secretary, for prosecutions to follow last weekend’s march to protest against the publication of cartoons depicting the Prophet Mohammed which were offensive to many Muslims. These cartoons which originated in a Danish newspaper, were shown by the BBC though not by any British newspaper. Those who were offended by them had every right to protest peacefully.

But some of the banners on display at the march went well beyond peaceful protest. It is difficult to see them as anything other than incitement to violence. As such they have rightly been condemned by Muslim leaders and are, I am sure, regarded as abhorrent by the vast majority of British Muslims.

It is difficult to see how confidence in our criminal justice system can be maintained if the police do not take action. Unfortunately, some of the recent pronouncements of Sir Ian Blair, the Metropolitan Police Commissioner, have not enhanced his reputation.

I hope it will not be further damaged by failure to take action over the events of last weekend.