We’ll overturn hate crime law to defend free speech – Ross
CONTROVERSIAL new hate crime laws would be abolished under a Scottish Tory government, Douglas Ross has vowed.
The party’s leader called the SNP’s Hate Crime Bill ‘one of the most extreme and outrageous laws in the history of the Scottish parliament’.
It was passed last week – following a series of U-turns by the Scottish Government – after securing the backing of Scottish Labour, the Lib Dems and the Greens.
The Scottish Tories were the only party to oppose the legislation, branding it ‘chilling’ and ‘fundamentally flawed’.
The law created a criminal offence of stirring up hatred against protected groups, expanding on a similar offence based on race that has been law for decades, as well as consolidating other existing legislation.
However, there are concerns about the effect on freedom of speech and the potential to criminalise family conversations around the dinner table.
Plans to repeal the Bill will be set out in the Scottish Tories’ manifesto ahead of the Holyrood election in May.
Mr Ross said: ‘The SNP have worked hand-in-hand with Labour, the Lib Dems and Greens to pass one of the most extreme and outrageous laws in the history of the Scottish parliament.
‘As the largest opposition party, we opposed the SNP’s Hate Crime Bill and our manifesto will pledge to repeal this Bill’s attacks on freedom of speech.
‘There is no case whatsoever for criminalising what people can say within their own homes.
‘It has provoked an understandably furious outcry and confirmed in many people’s minds why we must stop an SNP majority.
‘As we saw with Named Persons, they are prepared to recklessly infringe on fundamental rights and impose on family life, no matter the damage they do.
‘We will get rid of everything in the SNP’s Hate Crime Bill, every single line, that threatens free speech and retain only those few parts that improve our laws.’
There are also fears over the possible impact on faith groups.
At Holyrood, the Scottish Tories cited concerns raised by Hardeep Singh, of the Network of Sikh Organisations, who warned it could ‘make Scotland one of the most hostile places for freedom of expression in Europe’.
The Bill has been criticised by the Scottish Police Federation, the Faculty of Advocates and celebrities such as comedian Rowan Atkinson, novelist Val McDermid and actress Elaine C. Smith.
Those celebrities were among many from the arts world who signed an open letter warning: ‘The unintended consequences of this well-meaning Bill risk stifling freedom of expression, and the ability to articulate or criticise religious and other beliefs.
‘As currently worded, the Bill could frustrate rational debate and discussion which has a fundamental role in society, including in artistic endeavour.’
The Scottish Government made a number of changes but the Scottish Tories believe they have not gone far enough.
The SNP has a track record of passing flawed legislation that later had to be repealed or dropped.
The Named Persons scheme, which would have appointed a ‘state snooper’ for every child up to the age of 18, with access to personal information, was eventually shelved after Supreme Court judges ruled it breached youngsters’ human rights
The Offensive Behaviour at Football Bill, aimed at cracking down on sectarianism, was criticised for being too vague and unfairly singling out football fans. It was ultimately repealed.
A spokesman for Justice Secretary Humza Yousaf said: ‘Through the passing of this landmark Bill, parliament has sent a strong and clear message to victims, perpetrators, communities and to wider society that offences motivated by prejudice will be treated seriously and will not be tolerated.’
‘Recklessly infringe on fundamental rights’