Daily Telegraph Editorial on proposed European Race Laws
DAILY TELEGRAPH EDITORIAL

Taking liberties: Xenophobia and the EU (Filed: 30/11/2001)

Hard on the heels of the anti-terrorism Bill comes a new threat to
freedom. The European Commission is proposing to criminalise racism
and xenophobia throughout the EU.

The new offences, carrying a two-year prison sentence,
are defined according to the German code (the strictest) and,
once adopted by the Council of Ministers, do not require primary
legislation here.

This proposal should be seen in the context of the European
arrest warrant, which would allow investigating magistrates
to seek summary extradition of those accused of various offences,
including racism and xenophobia, from any other EU country.

Even though foreign judges could extradite British subjects for
offences that are not crimes here, it evidently serves the cause
of a European legal system, or corpus juris, to standardise the law.

Hence the creation of these new "thought crimes" of racism and
xenophobia, alien to the common law, with far-reaching implications
for freedom of speech.


Britain already has laws against incitement to racial hatred and
racial discrimination. More controversially, racist motivation
is now treated as an aggravating factor in other offences.

Few want more anti-racist legislation. Why should the commission
criminalise "the belief in race, colour, descent, religion or belief,
national or ethnic origin as a factor determining aversion to
individuals or groups"?

Or make it an offence to condone a "war crime", as defined by
the statute of a non-existent International Criminal Court?
Or to disseminate "material containing expressions of racism
or xenophobia"?

Each country must set its own limits of free speech, by its own lights.
Germany's unique history has caused it to criminalise not only the
Holocaust but also "trivilisation" of the Holocaust.

Xenophobia, in particular, is seen here not as a crime but as
bad manners. Public discourse in Britain tolerates strong opinions,
however offensive. Debates about asylum and immigration, or about
European issues, might easily fall foul of the new prohibition.

When Nelson told his men, "You must hate a Frenchman as you hate
the devil", he was speaking for a people menaced by Napoleon.
Woe betide anyone who quotes Nelson in a future European Federation.