OF course, what the law is designed to prevent is not 'a handful of cranks' denying that the Holocaust took place, but writers of rather greater worth daring to pry into the nooks and crannies of the legend. -- David Irving

London, Wednesday, April 3, 2002

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Blair shies away from EU law on Holocaust

By Philip Johnston,
Home Affairs Editor

BRITAIN is opposing European moves to make denying or trivialising Nazi atrocities a criminal offence.

Proposals by Brussels would make racism and xenophobia serious crimes in Britain for the first time, carrying a prison sentence of two years or more.

Europe wants to harmonise laws before a new arrest warrant comes into force in 2004. This will allow police to send citizens of the 15 member states for trial anywhere in the EU without old-style extradition procedures.

Among the crimes for which the warrant would be issued are racism and xenophobia. But these do not exist as specific offences in Britain or in some other EU states.

The draft plans define racism and xenophobia as an aversion to individuals based on "race, colour, descent, religion or belief, national or ethnic origin".

An offence of "public denial or trivialisation of the crimes dealt with by the international military tribunal established in 1945" is also proposed.

Holocaust denial laws are in place in seven countries, including Germany, France and Austria. But they would be a big departure for Britain, where a risk of fomenting public disorder is needed before a thought becomes a crime.

Before the 1997 election, Tony Blair said there was "a very strong case" for a holocaust denial law. But the Government has told the Commons European scrutiny committee that Britain is opposed to the creation of such an offence.

Angela Eagle, a Home Office minister, said: "Whilst we recognise the significant degree of offence that this kind of material causes to many people, particularly the Jewish community, the Government does not support the idea of an absolute offence."

She said the Government also opposed the proposed extent of the law. It could cover many stand-up comedians and even Anne Robinson, who said on BBC television that she regarded the Welsh as "irritating".

The proposals need the unanimous support of the 15 states, so Britain can veto them if further negotiations fail to meet its objections. There have been several prosecutions in Europe in the past few years for holocaust denial.

In Germany a historian who claimed that Auschwitz prisoners enjoyed cinemas, a swimming pool and brothels was sentenced to 10 months in jail; and an American served three years of a four-year sentence for distributing anti-holocaust material.

In 1991 the controversial historian David Irving, who lost a High Court libel action two years ago, was fined by a German court for breaking holocaust denial laws and "defaming the memory of the dead."

Daily Telegraph leader article: "Liberty to Think Ill"

London Evening Standard editorial: "Thought Crimes"

Auberon Waugh asked: "I cannot help asking myself what sort of truth requires these sanctions" after Germany fined David Irving $20,000.