The Courier & Advertiser (Fife Edition)
Climbdown on bill ‘a step in the right direction’
Yousaf tells MSPs initial hate crime draft could lead to ‘self-censorship’
Justice Secretary Humza Yousaf has admitted a controversial Hate Crime Bill could lead to “self-censorship”, as he announced the Bill will now only prosecute those who intended to stir up hatred.
Against mounting pressure from a range of organisations including the Law Society of Scotland, Scottish Catholic Church and the Scottish Police Federation, Mr Yousaf said he had “reflected carefully” on the concerns the proposals could stifle freedom of speech.
Speaking in the Scottish Parliament, the SNP politician said he recognised there was a “perception” the new offences may be used to prosecute “entirely legitimate acts of expression”, which could lead to “self-censorship” as an unintended consequence.
The Hate CrimeBbill, if passed, would extend the offence of stirring up hatred, which currently offers protections based on race, to cover age, disability, religion, sexual orientation, transgender identity and variation in sex characteristics.
Under the initial draft plans, individuals could be prosecuted even if their actions were only deemed “likely” to stir up hatred.
However, Mr Yousaf confirmed to the Scottish Parliament yesterday that he would move amendments, as the Bill makes its way through parliament, making it necessary to prove intent.
After arguing there were a number of “protections” built into the existing Bill, he said: “Having heard the views expressed both by this parliament and by a range of key stakeholders, I recognise that even with those protections, there is a real risk that if the offences don’t require intent to stir up hatred there could be a perception, and indeed uncertainty, that the operation of this aspect of the offences may be used to prosecute what are entirely legitimate acts of expression.
“This in itself may lead to an element of self-censorship. This is not the aim of the legislation.”
He added that the Bill does “not seek to stifle robust debate or discourse or artistic freedoms”, but to “offer greater protection” to those who suffer from hate crime, while also respecting freedom of expression.
However, the Scottish Conservatives, who this month brought forward a debate to scrap the Bill in its entirety, said the “minor” amendments to the Bill “do not go anywhere near far enough”.
Liam Kerr, the party’s justice spokesman and north-east MSP, said: “Our fundamental right to freedom of speech remains under threat.”
Jamie Gillies, spokesman for the Free to Disagree campaign – a coalition of civil liberty groups and free speech proponents set up to oppose the stirring up hatred provisions – agreed the move was a “step in the right direction” but failed to resolve other “seismic issues” with part two of the Bill.