New Scottish hate crime law’s so out of step with Britain
SCOTLAND’S controversial hate crime law has already faced fierce opposition from free speech advocates, such as Prime Minister Rishi Sunak, entrepreneur Elon Musk and author JK Rowling, since it came into force this week.
The Hate Crime and Public Order (Scotland) Act 2021, aptly brought in on April Fool’s Day, criminalises “stirring up hatred” relating to people’s age, disability, religion, sexual orientation and transgender identity.
Ironically, there are no added protections for women, the very group who could spend seven years in prison for not affirming the assertions of a man who claims to be a woman.
JK Rowling has been quick to point out this fact.As one of the bill’s most vocal critics, she has spearheaded the intense backlash, even daring Scottish police to arrest her for her gender-critical views. Unsurprisingly, the force backed down.
But what about the rest of us, who aren’t cushioned by millions? The future looks bleak.
Yes, the law is illiberal and pointless. But it is also completely impractical. What happens if I, a black woman of West African heritage, feel oppressed because I am no longer able to state realities that would be totally acceptable in my country of origin that men are indeed not women?
Whose grievance takes precedence? Mine or that of the aggrieved gender ideologue?
ISUSPECT these are the kinds of moral quandaries Scottish police will soon have to deal with. And after receiving almost 4,000 complaints in only 48 hours, they have their work cut out.
The introduction of this bill, while baffling, also points to a growing problem posed by Scottish politicians. In the absence of any real checks and balances, they increasingly act in ways that threaten the integrity of our Union and the Constitution. How can a United Kingdom function when basic freedoms are curtailed in one Union country because busybody politicians have free rein? If this doesn’t embody a failure of devolution, I don’t know what does.
Timid politicians in Westminster can no longer hide from reality. What was once promised as “Scottish solutions for Scottish problems” has now turned into British dissolution for more Scottish problems.
It’s all because of a flawed devolution model where the executive decides, Parliament complies and everyone else in Scotland has to suck it up. This has led to a high concentration of power in the hands of a few who face little accountability.
Humza Yousaf’s freeze on council tax infuriated councils, which are already making £300million of cuts amid a twoyear budget shortfall of £1.1billion. Unsurprisingly, the First Minister did not consult with councils before acting. And while councils continue to blame the SNP-run Scottish Government for years of hollowing out services with poor funding allocations, they continue with impunity.
With education, ministers have failed to close the attainment gap, even though Scotland spends considerably more per child on pre-tertiary education than any region in England (£6,191 per child against £5,216 in England). Is Holyrood called to account for this disparity? Of course not.
Instead of tackling sluggish growth, meeting their own NHS waiting times targets and delivering key infrastructure projects, Scottish nationalist politicians are too busy sowing discord for their own political gain.The independence issue has devastated the capacity for serious debate and accountability on public services and the economy, while politicians have exploited division to overstep boundaries.
They did so when Nicola Sturgeon denounced Brexit in the French parliament after the referendum. They did so after pressing ahead with gender and self-ID legislation, in the face of Whitehall opposition. They’re doing so now.
WE NEED devolution reform to make the Scottish Parliament more effective and reduce its potential for disrupting the constitutional order. And what better time to do it than now?
After all, devolution turns 25 this year – a welcome moment to have a Royal Commission explore the most effective way of bringing ineffective politicians to heel, including giving opposition parties a greater say.
I suspect even Keir Starmer, who has signalled his support for “full-fat devolution”, might see the benefit of preventing Scottish Parliament’s resources being spent on foreign policy and independence, and its civil servants taking any duties relating to non-devolved matters.
It’s time Westminster defended the Union from ambitious, rogue politicians.
‘It’s time Westminster defended the Union from rogue politicians’