Police union warns of new hate crime law ‘dangers’
● Warning legislation could mean officers policing what people think and feel
Controversial new legislation on hate crime could mean police officers have to determine what amounts to free speech, the Scottish Police Federation has warned.
The body that represents rank and file officers says the new law could lead to the “potential policing of what people think or feel”, claiming this would have a devastating impact on the force.
The federation has estimated the cost of a single day’s training on the new law for every police officer in Scotland would be between £3.5 million to £4m. Opposition MSPS have also raised concerns about the impact of the Bill on free speech.
The legitimacy of Scotland’s police force could be put at risk by controversial hate crime legislation being proposed by the Scottish Government and lead to the “potential policing of what people think or feel”, according to the body that represents rank and file officers.
The Scottish Police Federation (SPF) says the new law could lead to police officers “determining free speech and thereby devastate the legitimacy of the police service”.
In a submission to the government consultation on the Hate Crime & Public Order (Scotland) Bill, the SPF has said the proposed law is “too vague” to be implemented in practice.
It is the latest body to warn of difficulties with the legislation being piloted through Holyrood by justice secretary Humza Yousaf. Opposition MSPS have raised concerns about the impact of the Bill on free speech. The Law Society of Scotland has also expressed fears about a “significant threat to freedom of expressions” and said the law as drafted contains “major flaws”.
People are currently protected in law on the basis of disability; race; religion; sexual orientation and transgender identity. The new Bill adds age to the list, with the Government suggesting sex could be added at a later date.
In its submission the SPF, which represents 98 per cent of officers, says elements of the legislation would mean “a significant increase in police workload and demand” and estimates the cost a single day’s training on the new law for every police officer in Scotland at between £3.5m to £4m.
It also says that it does not support the intended provision to grant police staff powers of search and entry – by force if necessary and raises concerns the Bill “seeks to criminalise the mere likelihood of ‘stirring up hatred’ by creating an offence of threatening, abusive or insulting behaviour, such offence to include both speech and conduct”. The federation adds: “This complicates the law and is, in our opinion, too vague to be implemented.”
Calum Steele, general secretary of the SPF, said: “We are firmly of the view this proposed legislation would see officers policing speech and would devastate the legitimacy of the police in the eyes of the public. That can never be an acceptable outcome – and we should never forget that the police in Scotland police only with the consent of the people.
“Police officers are all too aware that there are individuals in society who believe that to feel insulted or offended is a police matter.
“The Bill would move even further from policing and criminalising of deeds and acts to the potential policing of what people think or feel, as well as the criminalisation of what is said in private.
“We do not for one second suggest that prejudice, racism or discrimination are desirable qualities in our society, but ... the cost to free speech of going further with this Bill is too high a price to pay for very little gain.”
Scottish Labour’s James Kelly, who has also condemned the Bill, said: “It is deeply worrying that rank and file officers are uncomfortable with making judgements on freedom of speech,” he said.
A Scottish Government spokesperson said: “The Bill does not seek to stifle criticism or rigorous debate in any way. People will still be able to express controversial, challenging or even offensive views as long as this is not done in a threatening or abusive way that is intended to stir up hatred or likely to stir up hatred.”