‘Chilling’... but Hate Crime Bill passed by Holyrood

Dark day for free speech – critics

CONTROVERSIAL hate crime legislation has been backed by MSPs despite claims it is ‘fundamentally flawed’ and will have a ‘chilling’ effect on freedom of speech.

The new Bill moved forward after a series of U-turns on key elements by SNP ministers following a public backlash.

Despite the changes, a series of concerns were raised, including the possible prosecution of people for comments within their own home.

Tory justice spokesman Liam Kerr said a whole section of the Bill about ‘stirring up’ offences remains ‘fundamentally flawed’. He highlighted the concerns of victims’ groups, academics, lawyers and police.

Mr Kerr said: ‘Earlier this week, Hardeep Singh of the Network of Sikh Organisations said “if enacted, it will make Scotland one of the most hostile places for freedom of expression in Europe”. Wow. Surely so many voices being raised from so many sides of the political spectrum give us pause for thought?

‘Only a few weeks ago, the Scottish Police Federation wrote to the justice committee convener saying there is substantial potential for many more people coming to adverse police attention as a consequence of elements of this legislation.

‘If that is correct, there must be a risk that this Bill could have a chilling effect on freedom of expression.’

Mr Kerr added: ‘This Bill contains no defence regarding private conversations in your own home. The police could come to your home, having received a report of stirring up hate around the dinner table and take witness statements from those present.

‘That, presumably, could include your children. I can’t vote for that.’

MSPs backed the Bill by 82 votes to 32, with four abstentions. The legislation creates 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.

Tory MSP Adam Tomkins, convener of the justice committee, said: ‘Even as amended, this Bill continues to pose a real risk to our fundamental rights and liberties – a risk that this parliament should not be taking.’

But Justice Secretary Humza Yousaf said: ‘To those who think they may accidentally somehow fall foul of the law... because they believe sex is immutable, or they believe an adult man cannot become a female or they campaign for the rights of Palestinians... or those that proselytise that same-sex relationships are sinful, none of these people would fall foul of the stirring up of hatred offence for solely stating their belief.

‘Why? Because solely stating any belief, which I accept may be offensive to some, is not breaching the criminal threshold. The safeguards of the Bill are really strong safeguards.’

Labour MSP Neil Bibby pointed out the Bill would not cover attacks based on a victim’s sex, saying it is ‘clear that women are subjected to hate because of their sex’.

Former SNP deputy leader Jim Sillars called it ‘very badly flawed legislation’ which will ‘open up lots of people – who do not intend to direct hate at anyone – to being reported to the police for hate crime’.

Jamie Gillies of the Free to Disagree campaign said it was ‘a dark day for freedom of expression’, adding: ‘Chillingly, no defence exists to protect private conversations in the family home.’

‘Fundamentally flawed’