Government considers new definition of Islamophobia over fears for UK equality laws

The UK's Labour government could change its proposed definition of Islamophobia over concerns it is “not in line” with equality laws and may impinge on free speech.

The party is under pressure to publish its definition of Islamophobia in an effort to tackle hate crimes after parts of the UK were rocked by race riots during the summer.

Minister for Faith, Communities and Resettlement, Lord Khan of Burnley, told peers this month he would update the definition “shortly”.

The party had adopted the All-Party Parliamentary Group (APPG) on British Muslims' definition of Islamophobia into its code of conduct in 2019.

But in a letter to Network of Sikh Organisations (NSO), seen by The Daily Telegraph, Lord Khan said the APPG’s definition “is not in line with the Equality Act 2010, which defines race in terms of colour, nationality and national or ethnic origins”, and said ministers were approaching the issue in a “more holistic” way.

“We want to ensure that any definition comprehensively reflects multiple perspectives and implications for different communities,” he wrote, according to the newspaper.

“This government is actively considering our approach to tackling Islamophobia through a more holistic lens and will provide further information on this in due course. More appropriately, the Equality Act 2010 provides protection from discrimination, harassment or victimisation to anyone with a religious belief, as well as to those who lack a religion or belief, subject to certain exceptions.

“A person who experiences Islamophobia from their employer or when accessing goods and services may be able to bring a case of religious discrimination or harassment to an employment tribunal or other civil court.”

The NSO has raised concerns that the definition had already been adopted by the party and feared it would have serious implications on free speech, not least the ability to discuss historical truths.

Campaigners have complained that the APPG's definition is too broad.

Presently the definition states: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”

Concerns have been raised that the present definition could allow terrorism suspects to challenge investigations in law on the basis that those investigations are Islamophobic and could prevent legitimate criticism of Muslims.

A government spokesman said any new definition must be given “careful consideration” to ensure it “comprehensively covers multiple perspectives and considers potential implications for different communities”.

Last month, Home Secretary Yvette Cooper pledged action against people “pushing harmful and hateful beliefs” and a new approach to fighting extremism, after a wave of far-right riots in England and Northern Ireland in which mosques were attacked.