Since this document is now in public domain I cant see anything wrong with posting it here:
HOUSE OF LORDS SESSION 2002-03
SELECT COMMITTEE ON RELIGIOUS OFFENCES IN ENGLAND AND WALES
VOLUME III - WRITTEN EVIDENCE
Ordered to be printed 10 April 2003
Submission on behalf of Jehovah's Witnesses.
- BACKGROUND TO THE SUBMISSION
- 1.1 There are approximately 125,000 Jehovah's Witnesses in England, Wales and Scotland. We have over 1,400 Congregations which meet regularly for Bible Study and worship, principally in their own Meeting Halls, which are registered as places for public worship. Up to 200,000 people attend our religious services. It has been our experience that our meetings attract in some individuals a hostility that on rare occasions finds its expression in overt violence. It is our respectful submission that, particularly under Article 9 of the European Convention on Human Rights, special protection is appropriate for meetings for religious worship of all faiths. The very nature of the gathering means that, of whatever faith, the participants expect a quiet, often solemn and peaceful environment in which to conduct their devotions. Funerals are an especial occasion when disruption, whether verbal or physical, can be extremely distressing to the bereaved, their families and friends.
- 1. 2 It is against that background that we respectfully make the following submissions on the draft Religious Offence Bill under consideration with particular reference to Clause 1 (1) (b)
- 2 THE EXISTING LAW
2.1 Whilst our own attendants are usually able to persuade one disturbing our meetings to leave, occasionally some have proved so hostile and the fear of violence so great that the Police have had to be called. In cases of threatened or actual violence the police officer attending has a range of powers including the normal powers where a breach of the peace or actual violence occurs. The greater problem is where there is substantial verbal abuse and consequent disruption of our religious meeting but without actual physical violence or threats of violence. Whilst the Protection of Harassment Act 1997 strengthens those powers, it requires two or more incidents before action can be taken
2.2 Although an old Victorian Act, the Ecclesiastical Courts Jurisdiction Act 1860 provides an important protection to all worshippers. Section 2 creates the specific statutory offence aimed at "any person who shall be guilty of riotous, violent or indecent behaviour …. in any place of religious worship duly certified under the Places of Religious Worship Act 1855 …" The leading case of Abrahams v Cavey [1968] 1 QB 479 confirms that "Interrupting and shouting and creating a disturbance is 'Indecent behaviour' in the context of this section" See Stones Justices Manual 8-27910. This meets the very point that we seek to make when there is material disturbance without actual or apprehended violence.
3.1 Abolition of this specific offence may noticeably diminish the protection afforded to worshippers of all faiths. The limitations on use of the Public Order Act are clear from the leading case of Brutus v Cozens [1973] A.C. 854 in which the actions of an anti-Apartheid protester at Wimbledon were held not to amount to "insulting" behaviour within the Act.
4.1 We respectfully invite the Select Committee to consider that this specific offence, although created in the mid-nineteenth century in a different social climate, does still have a part to play in the proper protection of all those who wish to worship in peace.
4. 2 Accordingly we urge the Select Committee that there would be no material disadvantage to the other aims of the legislation in omitting this clause from the draft Bill
27 June 2002
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END OF EXCERPT FROM SELECT COMMITTEE ON RELIGIOUS OFFENCES IN ENGLAND AND WALES. VOLUME III WRITTEN EVIDENCE page 49
"Parliamentary copyright material from Select Committee on Religious Offences in England and Wales is reproduced with the permission of the Controller of Her Majesty's Stationery Office on behalf of Parliament"
With reference to paragraph 2.1, a question of clarification is respectfully asked. There seems to be an inconsistency in the fact that Jehovah's Witnesses (Watch Tower Bible and Tract Society of Britain) testify that they call the Police when there is a disturbance to their meetings and yet where "actual violence" is inflicted upon young children there have been reports that they have conducted their own criminal investigations. How can this apparent anomaly be resolved? See BBC Panorama "Suffer The Little Children", NBC Dateline "Witness For The Prosecution", Australian Channel Nine Sunday Programme "Silent Witnesses" and www.silentlambs.org
The footnotes to the document have now been altered. And this alteration has been duly logged with the Copyright Dept of Her Majesty's Stationery Office. This complies with the law. The document is now in the public domain. If you intend to put this on a web site you have the obligation to conform to the law as it applies to you. . Obviously there are those of you that are familiar with these things.
As to the substance of of the submission, you must deduce what you will from it.
The source of this document, the British Government, is highly respected and honoured. We know too well that European governments and the United Nations have been insulted and protocol has been flouted. The British government has honour, dignity and self respect. Therefore any quotation from any of their documents should be treated accordingly. This obligation is doubly so here because the whole of this document is about Religious Offences .
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