Hate crime Bill ‘U-turn’ but critics warn: It’s nowhere NEAR enough
STAND UP FOR FREE SPEECH ‘Failed to fix the problems’
THE SNP’s hate crime Bill is to be changed following an unprecedented backlash.
Justice Secretary Humza Yousaf announced a partial U-turn yesterday, stating he will amend a key element following widespread concerns about freedom of speech.
But he refused to scrap the entire controversial section of the Bill – and was accused of not going far enough.
Critics had warned the proposed law could result in jail sentences of up to seven years for those convicted of ‘stirring up’ hatred – even if there was no intention to do so.
In a Holyrood statement, Mr Yousaf said he would introduce an amendment to ensure the new offences were ‘based on intent only’. He told MSPs: ‘I hope that that fundamental change will provide the necessary reassurance that the new offences of stirring up hatred strike an appropriate balance between respectabout ing freedom of expression and protecting people who are affected by those who set out to stir up hatred.’
The stirring up hatred offences will still apply to new protected characteristics including religion, transgender identity and sexual orientation.
Mr Yousaf said he was open to considering further changes to the Bill, but simply scrapping the stirring-up offences is ‘not an option’.
Tory justice spokesman Liam Kerr said: ‘Unfortunately,
Humza Yousaf has not only failed to fix the problems, he has flat-out refused to remove the stirring-up offences.
‘The minor amendments do not go anywhere near far enough. The most controversial piece of legislation in Scottish parliament history won’t be fixed by tinkering around the margins. Our fundamental right to freedom of speech remains under threat.’
During a consultation by Holyrood’s justice committee, lawyers had argued that people could be criminalised if it was ‘likely hatred will be stirred up’ by something someone says, rather than specifically if they intend to stir up hatred.
Last night, Roddy Dunlop, QC, Dean of the Faculty of Advocates, welcomed Mr Yousaf’s amendment.
But he warned: ‘It does not address all of the Faculty’s concerns about potential impact on freedom of expression... this change, however, will ensure that criminalisation applies only to intentional behaviour, which is consistent with the policy aims of the Bill that the Faculty have always supported.’
Amanda Millar, president of the Law Society of Scotland, said: ‘We welcome proposals to strengthen the Bill in relation to the new “stirring-up” offence to include the requirement of intention. We’re also pleased to see [Mr Yousaf] will consider amendments regarding clarification of reasonable defence and freedom of expression.
‘We would support his aim of reviewing the use of archaic language which should not be a part of modern consolidated legislation.’
Scottish Greens co-leader Patrick Harvie, however, warned the challenges of proving intention in court.
Scottish Police Federation general secretary Calum Steele said the amendment ‘should go a huge way towards allaying the vast majority of concerns of the vast majority of those who were critical of the Bill’.
Simon Calvert, of the Christian Institute, said Mr Yousaf’s amendment ‘was a start’, but added: ‘The Justice Secretary said nothing about how he will define the concept of hatred in a way that does not threaten freedom of speech.’
A spokesman for the Catholic Church said: ‘While we welcome the minister’s statement, we do still have outstanding concerns around the potential for misinterpretation, appropriate defences and the lack of equity in relation to the freedom of expression provisions.’
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