New U-turn on Hate Crime Bill
A FURTHER climbdown on controversial hate crime legislation has been announced by the Justice Secretary.
Humza Yousaf said he will make substantial changes to the Hate Crime and Public Order Bill after a Holyrood committee demanded amendments to protect free speech.
He pledged to completely remove a section of the Bill which would have made it illegal simply to be in possession of material that could allegedly stir up hatred.
MSPs on the j ustice committee had demanded that changes were made to ensure prosecutors would be required to show a ‘reasonable person’ would consider particular behaviour to be ‘abusive’.
They also concluded that people must be free to speak in their own homes without fear of being charged with alleged hate speech.
They said it was important that ‘those making comments which others find offensive are not criminalised, while still robustly tackling those perpetrating hate crimes’.
Mr Yousaf said he had accepted the ‘overwhelming majority of the recommendations’.
The Scottish Government said there would now be a strengthening of the protection for freedom of expression.
Within the Bill, ministers will also propose new limits on police powers of search and entry, and confirmed they will seek to remove
Section Five, which deals with possession of ‘inflammatory’ materials.
Scotland’s Catholic bishops have raised concerns that possessing the Bible could become an offence under the proposed legislation.
Mr Yousaf last month announced plans to amend the Bill after an outcry over proposals on offences of ‘stirring-up hatred’, which critics fear will stifle freedom of expression.
The Justice Secretary said: ‘I will continue to listen to concerns members may have about any aspect of the Bill and, where possible, will try to reach common ground.’
Tory justice spokesman Liam Kerr said: ‘Tinkering is not going to fix this Bill’s significant problems, which risk striking at the heart of freedom of speech.’