Free speech fears prompt bill backdown
Scotland’ s justice secretary has agreed sweeping amendments to the controversial Hate Crime Bill, including extending freedom of expression protections to include age and transgender identity.
Humza Yousaf will also drop a section of the bill which would have criminalised the carrying of “inflammatory material”, which some critics feared could include religious texts.
A day before the Scottish Parliament debates the bill, he also agreed to add exp lana tory notes on what the word“abusive” would mean in the law.
Scotland’ s justice secretary, Humza Yo us af, has agreed sweeping amendments to the controversial Hate Crime Bill, including extending freedom of expression protections to include age and transgender identity.
Mr Yo us af will also drop a section of the Bill which would have criminalised the carrying of“inflammatory material”, which some critics feared could include religious texts.
A day before the Scottish Parliament is scheduled to debate the Bill, he also confirmed yesterday his inten - tion to retain the word “insulting” in reference to race hate crimes, and agreed to add explanatory notes on what the word “abusive” would mean in the law.
The changes come after months of rising concerns that the Bill would criminalise freedom of speech and create a “chilling effect” on media, theatre and academia in the discussion and criticism of certain protected characteristics.
The justice secretary had already agreed to amend the legislation to include “intent” as a threshold for prosecution in new “stirring up hatred” offences and scrap a section which would have impacted on the freedom of expression of plays and performers on stage.
Mr Yousaf said he had now accepted the“overwhelming majority” of the recommendations from Holyrood’ s Justice Committee, and would bring forward amendments which would“among other matters, strengthen protections for freedom of expression”. Mr Yousaf said that the free - dom of expression provisions in the Bill “have a key role to play in providing clarity and reassurance as to what will continue to be behaviour that is not criminal once the offences in the legislation are in force".
The announcement of changes by the government was welcomed by the Free to Disagree campaign, though it is also pushing for further “safeguards.”
Government spokesman Jamie Gillies said: “We have two additional suggestions for the Cabinet Sec retar y–a prosecution lock and a dwelling defence. Adding these additional safeguards will bring the Bill inline with other stirring up hatred laws in there st of the UK .”