The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords.

Finally, the then Home Secretary, David Blunkett, accepted that the Commons had to accede to the Lords' insistence that the clause be left out of the Bill.

The government brought the proposal back before Parliament in the Serious Organised Crime and Police Bill in the Session leading up to the general election in May 2005.

During the Lords debate on the relevant section of the Bill, on 5 April 2005 (the day on which the general election was called), the provision was removed.

We will legislate to outlaw it and will continue the dialogue we have started with faith groups from all backgrounds about how best to balance protection, tolerance and free speech".