Classroom hate crime warning
Children ‘could be criminalised for playground taunts’ under new law
CHILDREN are being encouraged to report all ‘hate crimes’ to police ahead of the introduction of the SNP’s new law.
Pupils and staff are being urged to raise the alarm over behaviour that could fall foul of the legislation, which comes into force next month.
Youngsters are told that bullying can be deemed a hate incident ‘if the victim or anyone else thinks it was carried out because of hostility or prejudice’.
There are fears that pupils could be reported to police over playground taunts that would normally be dealt with by teachers.
Last night, Chris McGovern of the Campaign for Real Education said: ‘This nightmare initiative is hugely dangerous and has some very sinister implications – it is an open invitation for bullies and the disaffected to torment and persecute others.
‘It will turn pupils against each other and even against their parents and teachers.’
Scottish Tory education spokesman Liam Kerr said: ‘It appears even our schools won’t be safe from Humza Yousaf’s ridiculous Hate Crime Act. Children shouldn’t have to worry about being reported to the police because of ambiguous, ill-defined legislation.
‘Schools, and teachers, should also be trusted to deal with such incidents themselves.’
The hate crime law, spearheaded by Mr Yousaf when he was justice secretary, will be enforced from April 1, with a new offence of ‘stirring up hatred’ on the basis of disability, race, religion, sexual orientation, transgender identity and age, which for most of these categories can include ‘expressions of antipathy, dislike, ridicule or insult’.
Police Scotland has said every report will be investigated, but critics say the law will have a ‘chilling effect on freedom of speech’.
The Scottish Union for Education (SUE), representing parents, has warned of a potential surge in hate crime reports in schools.
SUE parents support worker Kate Deeming said: ‘The potential for criminalising children based on unsubstantiated complaints in school, is breathtaking.
‘This is likely to act as a new form of severe punishment and threat to children.
‘We appear to be moving towards a police state where even young children end up facing police intimidation for what are likely to be minor behavioural issues that schools should really be able to deal with.’
Campaigners have discovered the anti-bullying and prejudice policy at Balerno High School in Edinburgh says that it is ‘important to recognise that subtle comments, or comments which appear to have humorous intent, can also be bullying’.
The guidance states: ‘A bullying incident is a hate incident if the victim or anyone else thinks it was carried out because of hostility or prejudice based on actual or perceived disability, race, religion, sexual orientation or transgender identity.
‘If the incident is a criminal offence and the offender targeted the victim because of their prejudice or hostility based on any of these characteristics, this is a hate crime.
‘All hate crimes should be reported to Police Scotland through the school link officer [who works with pupils and their families on issues such as physical/mental health].’
Similar policies were uncovered at Drummond Community High School in Edinburgh, while a City of Edinburgh Council document entitled Preventing and Responding to Bullying and Prejudice Amongst Children and Young People says ‘advice and guidance from Police Scotland should be sought if a hate crime may have taken place’.
An anti-bullying document produced by Glasgow City Council tells parents: ‘Be aware of the type of incidents which may have to be reported to the police – retain any evidence which may include screenshots, messages and images etc.’
Similar guidance at Aberdeen City Council states that ‘hate crime is defined as any crime which is perceived by the victim or any other person as being motivated by malice or ill-will towards a social group’.
The row comes as police chiefs say they are braced for an increase in reported hate crimes in Scotland after the introduction of the new legislation.
Police Scotland yesterday referred the Mail’s inquiries to the Scottish Government. A Scottish Government spokesman said: There are protections in the new Act for individuals’ rights in respect to freedom of expression for the new stirring up hatred offences. Hate crime is behaviour that is both criminal and rooted in prejudice and can be verbal, physical, online or face-to-face.’
The Convention of Scottish Local Authorities was also contacted.
‘Very sinister implications’