Councillor hits out at ‘badly drafted’ plans for hate crimes law
A former SNP councillor has urged party group leaders to lobby MSPs to oppose the Scottish Government’s proposed Hate Crime Bill, which he claims needs “radical revision”.
Councillor Andy Doig, who sits as an Independent on Renfrewshire Council, submitted an objection to the bill as part of a formal consultation, which ended last Friday.
He is calling on party group heads Iain Nicolson, Eddie Devine and James MacLaren, and Renfrewshire’s sole Liberal Democrat Eileen McCartin, to push their Holyrood colleagues on the Justice Committee to reject the proposed legislation.
Ministers say the Hate Crime Bill - which was introduced in April - seeks to “modernise, consolidate and extend” existing hate crime law and aims to give victims greater protection.
But Councillor Doig is concerned the bill threatens people’s right to free speech and has branded it “authoritarian in tone”.
He said: “Unless there is to be radical revision of the bill, I urge the Government to scrap it. The bill is very badly drafted.
“If the object of the bill is to take aim solely at the bigot rather than the poet, then it should have inserted a clause which protects satire as free speech.
“I have successfully stood up for constituents at the sharp end of hate crime, but no one has the right not to be offended and I am asking my party political colleagues to lobby their MSPs on the Justice Committee.
“The bill is a disgrace to the SNP’s historic commitment to free speech and is authoritarian in tone.
“For example, it proposes the scrutiny of artistic, theatrical and public performances in a way which was banned in the UK in 1968.
“There is sufficient protection against hate crime which would not undermine free speech as the bill would.”
The draft bill updates the list of characteristics protected under hate crime law.
On the list are age, disability, race, religion, sexual orientation, transgender identity and variations in sex characteristics.
If passed by parliament, the law would also provide for new ‘stirring up’ of hatred offences that would apply to all characteristics listed.
‘Stirring up’ of hatred is described as behaviour that encourages others to hate a particular group.
Councillor McCartin has got behind Councillor Doig’s calls for revision of the bill and urged SNP group leader Councillor Nicolson to “use his influence” to get it scrapped.
She said: “This bill, in its present state, is quite appalling.
“Like previous recent bills, it would cause far more problems than it solves.
“It smacks of 1984.”
Councillor Devine, Renfrewshire Council’s Labour group leader, added: “I am opposed to this bill.
“It is unworkable and I hope it is dropped by the government.
“I have every faith the Labour Party in Holyrood will pick it apart.”
Following the consultation, the Justice Committee will now examine the bill and MSPs will vote on whether to pass it by December 18.
A Scottish Government spokesman said: “The bill does not seek to stifle criticism or rigorous debate in any way.
“People will still be able to express controversial, challenging or even offensive views as long as this is not done in a threatening or abusive way that is intended to stir up hatred or likely to stir up hatred.
“The bill includes provisions on freedom of expression to ensure the prohibition on stirring up hatred will not unduly restrict people’s right to express their faith, or to criticise religious beliefs or practices or sexual practices.
“Stirring up of hatred offences are not new - they have been part of the law for decades for race, with the bill extending these to cover characteristics such as religion and sexual orientation, but where ‘insulting’ is not included as part of the conduct that may constitute a criminal offence.
The bill is a disgrace to the SNP’s historic commitment to free speech and is authoritarian in tone