Labour Islamophobia definition could deter police, adviser warns

London — A leading barrister who advises the Attorney General warned that Labour’s proposed non-statutory definition of Islamophobia could deter police from investigating Muslims suspected of crime and could curb free speech. Tom Cross KC, a member of the Attorney General’s A panel of Crown Counsel, said in a legal opinion commissioned by the Free Speech Union that such a definition would be 'reasonable' to rely on to object to the use of powers by the police and security services to investigate persons who happen to be Muslim for criminal offences.

Labour has set up a working group to devise the definition, led by Dominic Grieve, the former Tory attorney general, in what the party says is a bid to counter anti-Muslim abuse. Angela Rayner, who initiated the move, oversaw the project at its outset, but oversight has since been taken over by Communities Secretary Steve Reed. The work is at an early stage and it remains unclear how Grieve will proceed with the definition.

Cross’s opinion said an official Islamophobia definition could be used to rewrite harassment and hate crime laws. It could dilute current legislation that allows those accused of making offensive comments to argue their remarks were 'reasonable.'

Lord Young, director of the Free Speech Union, said it was not fanciful to think the government’s state-approved definition would make police and security services more hesitant to investigate Muslims suspected of criminal offences, adding that such a move would entrench two-tier justice and could create a backdoor blasphemy statute.

A Labour source dismissed the concerns as 'the type of complete nonsense you’d expect from an activist lawyer.'

Policy Exchange, which published a report in June, warned Labour’s working group should be suspended and that an official Islamophobia definition would 'almost certainly turbocharge cancel culture.' It argued the measure would hinder accountability in exposing wrongdoing. Baroness Casey’s review earlier this year found public bodies had suppressed evidence about Asian grooming gangs for fear of appearing racist. Policy Exchange said Labour’s measures would have made exposing the grooming scandal harder and slower.

Shadow Secretary Kevin Hollinrake, who oversees housing, communities and local government, said in July that Labour’s working group would lead to a predetermined and biased conclusion.

A government spokesman pushed back, saying the claims were speculative and that the government would not accept any definition of anti-Muslim hatred that stops criminals being investigated. The spokesperson reiterated that tackling crime and defending free speech are the government’s priorities.

With the working group continuing its work, the debate over Islamophobia definitions and policing powers remains a flashpoint in domestic politics.