MSPS seek public views on new hate crime laws
● New offence of ‘stirring up hatred’ under political microscope
Holyrood’s justice committee is asking for public views on new legislation which creates an offence of “stirring up hatred” against protected groups of people, after the justice secretary dismissed some concerns as “absolute baloney”.
MSPS are asking if the new Hate Crime and Public Order (Scotland) Bill is supported by the public, including groups who may be directly impacted by the law, or whether parts should be changed.
The new bill adds age to the list of characteristics which already receive extra protections from hate crimes, including disability, race, religion, sexual orientation, and transgender identity, and leaves open the possibility to add “sex” at a later date so misogynistic harassment can become a standalone offence.
In Scotland, offences are currently aggravated by prejudice against a victim’s race, religion, disability, sexual orientation or their transgender status. If passed by the Scottish Parliament, the bill will also make “stirring up of hatred” extend to all the characteristics, rather than just against race. The proposals also abolish the common law offence of blasphemy.
Justice secretary Humza Yousafhasalreadybeenforced to defend his legislation on Twitter, after concerns were raised that it would criminalise people who objected to government policies, such as the reform of the Gender Recognition Act. Mr Yousaf described fears as “absolute baloney”.
Justice committee convener, Margaret Mitchell, said: “Offences motivated by hatred or prejudice have been more harshly treated by courts for a number of years, and committee members broadly support extra protections for vulnerable groups. Certainly aspects of this bill, such as bringing together the various different laws into one place seem eminently sensible, and a way to remove anomalies.
“However, this bill needs careful consideration. While there are clear cut examples of hate crimes, there are also trickier cases. Making sure the law strikes the right balance, protecting those who fall victim to crime because of the prejudice of others while also protecting the freedom of thought and expression of all citizens, is the task that lies before us.
“The committee wants to hear from Scottish society about whether they agree this bill the best way to achieve those aims.”
The call for public views is open until 24 July and the committee will then decide how to carry out further scrutiny while Holyrood is closed.