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A bill preventing the incitement to homophobic attacks has been watered-down after an amendment to protect ‘free speech’ was added.

The Coroners and Justice Bill was partly designed to criminalise criticism of “sexual conduct and practice”, but an opt-out clause that allegedly protects free speech threatens to render it toothless. The amendment was introduced by Lord Waddington and states: “For the avoidance of doubt, the discussion or criticism of sexual conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.” The Tory peer, Home Secretary during the Thatcher years, argued that criticising or trying to convince someone to change their sexuality should not count as an incitement to hatred.

Despite the House of Commons voting against the amendment, the House of Lords voted to keep it in. As the bill had been the subject of debate between the two houses for several months and the parliamentary session had come to an end, the bill was passed. LGBT Labour, an equalities group within the party, has urged the Government to revisit the bill when the new session begins next week.

It was the fourth time the bill had been voted on in the Commons, and the amendment was rejected by 342 votes to 145. In contrast, it was passed in the Lords by a majority of only 44.

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