Strong views on politics? Hate Crime Bill ‘could see you arrested’
HEATED political opinions voiced over issues like the Brexit debate could be banned under the SNP’s new Hate Crime Bill – according to the Scottish Government’s own advisers.
National body Community Justice Scotland, which advises the Government on tackling reoffending, fears it may lead to people being arrested for ‘inflammatory language’ as part of strong political views.
It joins the chorus of criticism against the Bill from bodies such as the Scottish Police Federation, the Law Society of Scotland, campaigners, politicians and the public.
Under the controversial Bill, people could face up to seven years in prison for crimes of ‘stirring up hatred’, regardless of intent, which opponents describe as a devastating attack on freedom of speech.
In a new submission to the Justice Committee at Holyrood, Community Justice Scotland said: ‘The Bill does not clearly define what is meant by “hate”, nor indeed is there much in the Bill that relates to “public order”, both of which are in the title.
‘We would wish to highlight the danger of criminalising language that is in common use in some of our communities without providing the necessary public education and awareness campaigns to change such attitudes and behaviours, which can often be inter-generational.
‘This is further complicated by the current political climate and the sometimes inflammatory language widely reported in the media, such as that arising from the Brexit debate.
‘When the language and actions of those in positions of public leadership can reinforce attitudes that may be viewed as encouraging hate, then it may be unreasonable to expect the wider public to be clear as to what constitutes acceptable language and behaviour. This highlights a tension between stirring up hatred and notions of free speech which are complex.’ Liam Kerr,
Scots Tory justice spokesman, said: ‘Hate crime legislation itself is a worthy aim, but in its present form [Justice Secretary] Humza Yousaf’s Bill is the most controversial ever to come from the parliament.
‘More and more notes of caution are being sounded every day. The SNP need to listen to all these concerns from so many areas of public life. We can’t allow a situation where a government could criminalise everyday speech, by well-meaning people engaging in normal debate.’
Mr Yousaf has already survived a vote in Holyrood calling for the Bill to be scrapped, but he still faces a challenge in winning over opponents. The Government introduced the Bill following an independent review by
Lord Bracadale. It also stressed that, amid the opposition, it has received support from organisations such as the Equality Network, Victim Support Scotland and the Scottish Council of Jewish Communities.
A spokesman for the Scottish Government said: ‘The Justice Secretary has indicated that he is willing to find compromise and common ground.’
FIGHTING FOR FREE SPEECH