MSPs spread Hate Crime Act misinformation, says Constance
‘Little light and much heat’ in debate over laws
JUSTICE Secretary Angela Constance yesterday criticised MSPs who spread “deliberate misinformation” about the Hate Crime Act.
In an emergency statement at Holyrood, Constance said she felt compelled to remind MSPs of the purpose of the law, as she said some politicians had “lost sight and empathy” towards the people it is designed to protect by misrepresenting its intentions.
She claimed there had been “too much heat” in the debate since the legislation was introduced, as she insisted that people can “still be offensive and insulting” under the act.
Constance said: “Those of us with a platform as a politician or public figure have a responsibility to have debate that is rooted in reality, respect and facts. Over the past month, there has unfortunately been deliberate misinformation and misrepresentation of the act, losing sight and empathy towards people in our communities it seeks to protect. “Debate around the act has provided little light and too much heat. There is nothing in the act that is divisive, it should not be anyone’s intention to make it so.” Constance insisted the act includes safeguards on freedom of speech, and said not all material that is offensive can be considered criminal. She went on: “People can still be offensive, critical and insulting under this act. We have seen people be exactly that.
“The act includes rigorous safeguards on freedom of speech, and that behaviour or material is not to be taken as threatening or abusive just because it involves discussion or criticism of matters relating to one of the characteristics included in legislation. While we do not claim that legislation in and of itself can eradicate hatred, critics shouldn’t trivialise or exaggerate its impact with false fears.”
However, she conceded the Scottish Government could have done more to inform people about the act.
Police said yesterday there had been a “significant reduction” in the number of reports being made under the law, with a drop of almost 75% from the first week of the legislation.
Police Scotland received 1832 online hate reports between April 8-14, down from 7152 the previous week. The force said the “vast majority” of complaints received during this second week were anonymous, with most resulting in no further action being taken.
There were 213 hate crimes recorded, down from 240 in the first week the legislation was in force.
The legislation introduces new offences of stirring up hatred against people based on their religion, transgender identity, and age. Experts
part of the law of course, the act just consolidates existing hate crime law that existed already.
“The new stirring-up offences, which probably have garnered the most attention – well, they’re very similar to the racial stirring-up offence that existed and has existed for almost 40 years.
“The point is you had a number of bad faith actors, I read the article by The Observer which showed a leader of the far-right for example encouraging vexatious complaints.
“Now thankfully those vexatious complaints have dropped down quite considerably, 7000 complaints in the first week I believe of the Hate Crime Act being introduced, the daily complaints fell by about 90% so they’re falling.
“And as the Chief Constable and Police Scotland have said, it had minimal impact on frontline policing.
“Let’s go back to why we have a Hate Crime Act. We have a Hate Crime Act because in 2021-22, we