Win hearts and minds to get the people on side

I HAVE watched events in Scotland over recent days with my head in my hands.

Twenty five years ago this week hundreds of candidates were kicking off their campaigns to join the new Scottish Parliament in elections on May 6, 1999.

Devolved power gave those of us who were elected a chance to tackle Scotland’s long standing problems.

Through leadership and legislation the new ministers and MSPs could transform land ownership, create new rights and build a Scotland fit for the 21st century. And we did.

New laws in 2000 abolished feudal tenure and protected adults with incapacity, by 2004 we had created rights for vulnerable children and those with special educational needs, secured countryside access, and supported victims of crime.

Other legislation banned smoking in public places and delivered health, education, justice and environmental reforms.

These Acts endured and succeeded because each time there was wide consultation, clear (sometimes difficult) decisions were made, and delivery engaged those affected. Politics and government had a focus on the people.

Sometimes leadership took a different turn – confronting division by persuasion and dialogue.

Following horrific racist violence in Glasgow in 2001, we launched and led One Scotland, Many Cultures until 2005.

It ran through our government’s work like a thread, changing attitudes and life experiences in Scotland.

Twenty years ago we held two Sectarianism Summits. At the time some wanted me to to ban Orange marches or legislate against what people were singing on the terraces at Celtic Park or Ibrox.

But I thought the best road was to change hearts and minds through bringing football clubs, churches, marching groups, schools and others together to set targets and deliver real change.

This initiative had real momentum but sadly it was abandoned after the 2007 election. Sectarian behaviour grew again.

In 2012 my successors chose to legislate rather than lead. The Offensive Behaviour At Football Act (2012) made things worse.

Hard to implement, it polarised people and increased division.

It was repealed in 2018 but lessons were not learned.

The new Scottish Hate Crime Act is in danger of going the same way. And this was entirely predictable.

Tight budgets set by SNP/Green ministers mean Police Scotland already don’t follow up every crime.

Now they must deal with all these potential offences, many of which are simply spurious.

Instead of healing division and changing attitudes, Scottish ministers have created a law that seems unworkable.

And on a key flashpoint with this legislation – the arguments between feminist and transgender campaigners – excluding crimes against women from the Act has inflamed the situation with many women feeling their concerns are ignored.

This is exactly what good legislation should seek to avoid.

Good political leadership should try to win the argument, build a consensus not sow division.

The early years of the Scottish Parliament showed how to use the powers of home rule to legislate well and lead change in Scotland, but this Hate Crime Act looks like the opposite.

And that is why it might fail.