The Courier & Advertiser (Fife Edition)
Bill could see police left to decide on free speech
LAW: Federation hits out at Bill that could ‘devastate’ public-officer relations
The Scottish Police Federation has warned of the “devastating” impact the new hate crime Bill could have on trust between officers and the public.
Police could be left to determine what “free speech” is, according to the SPF, which published its response to the Scottish Government’s upcoming Hate Crime and Public Order (Scotland) Bill yesterday.
The police representative body’s response follows a rash of criticism levied at the new laws from organisations including the National Secular Society, the Law Society of Scotland and opposition parties.
The Conservatives have said the Bill is “too vague” and have repeatedly called for it to be amended.
Writing for The Courier last week, Justice Secretary Humza Yousaf defended the Bill, saying it would provide greater protection for victims of and groups affected by hate crime.
Current hate crime offences are aggravated by prejudice against a victim’s race, religion, disability, sexual orientation or their gender identity.
The Scottish Government’s proposed legislation would incorporate the existing aggravating factors but also add the characteristic of age, with the potential to include sex at a later date so misogynistic harassment can become a standalone offence.
If passed, the Bill will also make “stirring up of hatred” extend to all the characteristics, rather than just against race, which has been an offence in Scots law for decades.
Calum Steele, general secretary of the Scottish Police Federation, said if the Bill is passed in its current form, people would not have the chance to prove they did not intend to “stir things”.
He added: “We are firmly of the view this proposed legislation would see officers policing speech and would devastate the legitimacy of the police in the eyes of the public.
“That can never be an acceptable outcome – and we should never forget that the police in Scotland police only with the consent of the people.”
“The SNP’s hate crimes legislation is far too vague, it poses an extreme danger to freedom of speech. SHADOW JUSTICE SECRETARY LIAM KERR
He added: “We do not for one second suggest that prejudice, racism or discrimination are desirable qualities in our society but the need to address those matters when they reach a criminal level is met by laws already in place and the cost to free speech of going further with this Bill is too high a price to pay for very little gain.”
Liam Kerr, Scottish Conservative shadow justice secretary said: “The SNP’s hate crimes legislation is far too vague, it poses an extreme danger to freedom of speech and it will criminalise well-intentioned members of the public who pose no threat.
“Mr Yousaf must now listen to these experts and amend his Bill.”
A Scottish Government spokesperson 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.”