Hate Crime Bill reflects the ideals for Scotland we all aspire to
THIS week Parliament will consider further amendments to the Hate Crime Bill before a final vote on our proposed reforms.
The new Bill will modernise and consolidate hate crime law and provide clarity. It brings together various piecemeal additions and changes to the law made over time, while also recognising the need to clamp down further on this all too pervasive, damaging behaviour.
As a person of colour the law has protected me, for the last 35 years, from anyone stirring up hatred against me due to my race. This Bill now extends that protection to people in relation to their age, disability, religion, sexual orientation, transgender identity or variation of sex characteristics (previously known as intersex).
The legislation has come a long way. As Parliament has been considering the detail of the Bill the Government has listened – making changes and reflecting on concerns to improve a piece of powerful legislation that I believe is fitting of the Scotland we live in.
Robust Parliamentary scrutiny has been essential to the process.
Concerns over the impact that stirring up hatred offences could have on freedom of expression were raised. And these have been listened to and are being acted upon. We have made a number of significant changes already, including ensuring that any successful prosecution for the new offences must prove the person intended to stir up hatred.
We have also inserted a “reasonable person test” to clarify that when determining if behaviour is “threatening or abusive” an objective test is applied.
The Justice Committee has offered crucial scrutiny and recently held constructive discussions on a freedom of expression clause that would further protect everyone’s right to freedom of speech.
I am confident that our proposed amendment on this now strikes the right balance between protecting groups targeted by hate crime and respecting people’s rights to free speech.
A number of national Women’s Organisations, such as Scottish Women’s Aid, Engender and Rape Crisis Scotland have raised concerns over the inclusion of a Sex Aggravator.
The Working Group on Misogyny, chaired by lifelong feminist and human rights lawyer Baroness Helena Kennedy, will explore whether or not a Sex Aggravator should be added to the Bill, and have agreed to report within 12 months. If they recommend its inclusion we will accept their recommendation and will bring forward the necessary draft order within a month.
Tireless work done at stage two of the Bill’s rigorous scrutiny process has helped build substantive support as we enter the finishing straight towards it being passed and then becoming law. It is a testament to how the Bill has developed to see the vast majority of equality stakeholders backing the Bill.
I am grateful to convener Adam Tomkins for leading the Justice Committee’s important work.
In recent weeks we were served a timely reminder that hate crime is all too common an occurrence in Scotland’s communities, with a devastating impact on those who experience it .
A report published two weeks ago found an average of 18 hate crime offences are committed every day in Scotland. That is 18 too many – every single day.
It is shocking that visible minority ethnic groups, which represent four per cent of the population, experience two-thirds of all race-related hate crimes.
Victims of hate crime face both mental and physical harm.
The consequences are destructive and lasting – taking away the fundamental freedoms and rights that we should all enjoy.
To be attacked or targeted simply because of who you are is a horrifying, nightmarish experience.
No-one should have vile slurs hurled at them for walking down the street wearing a hijab.
No-one should face threats of violence because of how their wheelchair takes up space on a bus.
No-one should be targeted because of who they love, their skin colour, or if they are transgender.
These crimes do not reflect the inclusive, progressive society that the vast majority of people living in Scotland I know aspire to.
I seriously considered giving up politics after receiving racist and Islamophobic abuse threatening me and my family.
These weren’t merely offensive words but threats to firebomb my home, and violently attack me, all because of my colour of skin and the religion I belong to.
I did not let hatred defeat me, affording me the opportunity to bring this Bill forward for Parliament’s consideration.
A new day beckons for the progressive Scotland we all love and aspire to – I call on all of Scotland’s elected representatives to come together and back this legislative milestone.
With many denigrating Scotland’s institutions in recent weeks, I truly believe the period of Parliamentary scrutiny the Bill has undergone has shown Holyrood at its very best – a collaborative, diverse and determined
Parliament which we should all be proud of.