HATE CRIME BILL FACES OVERHAUL
Yousaf pledges ‘compromise’ as Tory move to ditch legislation fails
THERE are ‘legitimate concerns’ about the SNP’s controversial Hate Crime Bill, Humza Yousaf admitted to MSPs yesterday.
The Justice Secretary pledged to find ‘compromise’ with its many critics, who fear the legislation in its current form will hit freedom of speech.
The Scottish Government yesterday saw off an attempt by the Conservatives to scrap the legislation, but the party vowed to ‘consider all avenues’ to address the ‘serious concerns and flaws’ with the Hate Crime and Public Order (Scotland) Bill.
Mr Yousaf said: ‘People clearly have legitimate concerns about the stirring-up offences. I will absolutely listen to the evidence that the justice committee produces in that regard, and I will listen to external stakeholders.
‘I am constantly engaging with stakeholders, and I give an absolute assurance for the record that I am actively looking to see where we may be able to find compromise.’ Mr Yousaf said that he will publish proposals on how he wishes ‘to take the Bill forward’ before MSPs on the justice committee begin taking oral evidence later this year.
He said that he would make time by seeking extra parliamentary sessions as well as working over recess and weekends to save the Bill, adding: ‘Let us send a strong message to the victims and targets of hatred that we will not abandon them or walk away from the Bill. We are looking to get a robust piece of legislation that will protect them.’
Both the Lib Dems and Labour supported the bid to save the legislation, but have warned that they could pull support unless amendments protecting freedom of speech are made.
During a debate at Holyrood yesterday, there was cross-party support for the aim of the legislation in tackling hate crime and those who persecute others based on protected characteristics, such as race.
There have been 2,000 submissions to the Scottish parliament’s consultation on the proposed law – which could result in jail sentences of up to seven years for those convicted of ‘stirring up’ hatred.
Scottish Conservative justice spokesman Liam Kerr said a ‘significant number’ of the responses to the consultation ‘raised concerns about the stirring-up offences and the
‘Flaws with the legislation’
potential chilling effect on freedom of speech’.
Law chiefs, senior police officers, sheriffs and journalists have all condemned the proposed legislation as being badly drafted and a threat to public debate.
Mr Kerr said there were concerns about the vague language of the Bill and the low threshold for behaviour considered ‘threatening or abusive’.
He warned that there was insufficient time to give proper scrutiny to the current draft of the Bill, adding ‘bad legislation is not the way to stop bad behaviour’.
Last night the Conservatives were defeated, with Labour, Lib Dem and Green MSPs backing a motion calling for the improvement of the Bill rather than for it to be scrapped.
Mr Kerr said: ‘As drafted, the SNP’s Hate Crime Bill threatens our fundamental right to free speech, as dozens of organisations made clear in the avalanche of criticism that the committee received on this bill.
‘It is clear from today’s vote that only the Scottish Conservatives can be trusted to stand up every time for the right to freedom of speech. We will consider all avenues going forward to address the serious concerns and flaws with the legislation.’
The Justice Secretary said that the ‘stirring-up’ offence had existed in Scots law in relation to racial hatred since the 1980s and had not caused controversy.
Mr Yousaf said: ‘I am afforded protection in the law from people stirring up hatred against me due to the colour of my skin.
‘Should the same protections not be afforded to people due to other protected characteristics?’
However, members of his party were among those to voice concerns over the ‘stirring up of hatred’ inclusion, with Sandra White saying she had ‘genuine concerns’ over what would define this. Liberal Democrat MSP Liam McArthur said the right to free speech included the right to be offensive but added there was little support for the Tories’ motion to ‘ditch the Bill in its entirety’.