Prosecutions ‘for voicing an opinion in your home’
Police say hate crime law will ‘devastate’ relationship with public
THE SNP’s new hate crime law will ‘paralyse’ free speech and could lead to people being prosecuted for voicing opinions in their own homes, police have warned.
The Scottish Police Federation (SPF) also said the proposals would destroy the force’s relationship with the public.
Echoing lawyers’ concerns the SPF, which represents rank-andfile officers, criticised the Hate Crime Bill as ‘vaguely’ worded and open to differing interpretations.
It is the latest setback for the legislation, which could see people jailed for up to seven years for ‘stirring up’ hatred.
The Law Society of Scotland warned earlier this week that the new Bill could limit freedom of expression, which it described as ‘one of the foundations of a democratic society’.
Last night, Scottish Tory justice spokesman Liam Kerr said: ‘The SNP Government must amend this Bill to protect freedom of speech.’
The legislation will widen the definition of a hate crime to include age, disability, religion, sexual orientation and transgender issues as well as race.
SPF general secretary Calum Steele said it is ‘firmly of the view this proposed legislation would see officers policing speech and would devastate the legitimacy of the police in the eyes of the public’.
He added: ‘The Bill would move even further from policing and criminalising of deeds and acts to the potential policing of what people think or feel, as well as the criminalisation of what is said in private.’ In a submission to a Scottish Government consultation, the SPF said: ‘This Bill will, if passed, paralyse freedom of expression for both individuals and organisations by threatening prosecution for the mere expression of opinion which may be unpopular.
‘Individuals, organisations, or others with an interest in doing so could shut down debate on important matters by simply labelling it criminal hatred.
‘Whether or not they are correct, the impact is likely to be that free speech is stifled.’
The SPF said the Bill ‘creates a troubling scenario where a person could express opinion without actually offending anyone, within the privacy of their own home and with no intention whatsoever of offending anyone and still be criminalised’.
It estimates several days of police training would be needed on the Bill – at a cost of £4million a day.
Scottish Labour justice spokesman James Kelly said: ‘It is deeply worrying that rank-and-file officers are uncomfortable with making judgments on freedom of speech.’
A spokesman for the Scottish Government said: ‘The Bill does not seek to stifle criticism or rigorous debate in any way.
‘People will still be able to express controversial, challenging or even offensive views as long as this is not done in a threatening or abusive way that is intended to stir up hatred or likely to stir up hatred.’
Comment – Page 16
‘Would devastate police legitimacy’