Labour’s Islamophobia Definition is Redundant and Will Sow Confusion, Says Equalities Watchdog

An official definition for Islamophobia is not needed and will sow confusion because there are already legal protections for Muslims, Britain’s equalities watchdog, the Equality and Human Rights Commission, has told the Government. The Telegraph has more.

In its first public statement on Labour’s plans, the Equality and Human Rights Commission (EHRC) said that creating an official definition of Islamophobia or anti-Muslim hatred would clash with existing legal provisions.

The judgement is the biggest challenge yet to the controversial plans that have been drawn up by a working group, originally established by the former deputy prime minister Angela Rayner in her role as the Cabinet minister responsible for communities and social cohesion.

The group, chaired by Dominic Grieve, the former Tory attorney general, has submitted its proposals for a non-statutory definition of Islamophobia or anti-Muslim hatred that could become a template for the workplace policies of universities, governmental and other public sector bodies.

It is designed to counter a surge in anti-Muslim abuse, but critics say it could stifle legitimate criticism of Islam as a religion and act as a de facto blasphemy law. The EHRC statement will fuel demands from opponents for the Government to drop the plan.

An EHRC spokesman said: “Legal protections against discrimination and hate crime already exist, so it is unclear what role a new definition would play in addressing discrimination and abuse targeted at Muslims.

“An official non-statutory definition risks being in conflict with existing legal definitions and provisions, resulting in inconsistency and potential confusion for courts and individuals.

“Should the Government proceed with the adoption of a definition, we advise that this should be subject to a full public consultation so that all the potential risks and benefits can be considered.” …

Lord Young, Director of the Free Speech Union, urged the Government to abandon its plan or face legal action by his organisation based on the arguments put forward by the EHRC.

“The EHRC is absolutely right about this. People of all faiths are already legally protected from religious discrimination and religiously motivated hate crimes, so there’s absolutely no need for Muslims to be given any additional, non-statutory protections,” said Lord Young.

“If the Government ploughs on with this misbegotten project, we have put it on notice that we will bring a judicial review if the definition inhibits criticism of the religion of Islam or impedes investigations into potential Islamist terrorists by the police and the security services or results in people being hounded out of jobs for offending Muslims.

“One of our legal arguments will be that rolling out an official, state-approved definition of Islamophobia or anti-Muslim hatred or whatever, and paying a charity or setting up another quango to enforce it, will encroach on territory already occupied by the EHRC and other state agencies.

“It risks creating a competing set of rules and regulations when it comes to religious discrimination and will inevitably end up sowing confusion. We’ve been advised by our lawyers that we’d have a very strong case.”

Worth reading in full.