The Scotsman

Hate Crime Bill needs a rethink

Supporters of free speech and those opposed to bigotry both have justice on their side

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When considerin­g a new law, politician­s need to pay attention to the views of those who will ultimately be responsibl­e for enforcing it. So after the Scottish Police Federation joined the growing chorus of voices expressing concern about implicatio­ns for free speech of the Hate Crime Bill, they should be taken seriously.

The SPF did not mince its words, with Calum Steele, its general secretary, warning the proposed new law would “see officers policing speech and would devastate the legitimacy of the police in the eyes of the public”. “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,” he added.

Opposition politician­s, the Law Society of Scotland and other civil society bodies have already expressed similar fears. However, if rank-and-file police officers were to decide to turn a blind eye or deaf ear to offences under the law – should it be passed – because it was practicall­y unenforcea­ble, it would risk falling into disrepute and potentiall­y being repealed in a similar manner to the mishandled but wellintent­ioned legislatio­n designed to outlaw sectariani­sm at football matches. The repeal of that Bill sent an unintended, tacit message to the terraces that it was open season for sectariani­sm once again. What kind of message would repealing a Hate Crime Bill send to those minded to act in such an appalling way?

Current laws protect people from hate crimes based on racism, religion, sexual orientatio­n, transgende­r identity and disability.

The new Bill would add ageism and discrimina­tion on the grounds of sex may also be included, but the main problem appears to be that a provision enabling people to be prosecuted for “stirring up hatred” even if they did not intend to do so is too vague and open to interpreta­tion.

Free speech is a basic human right and a fundamenta­l part of democracy, but no citizen’s life should be blighted by the kind of abuse, harassment, discrimina­tion or violence experience­d with depressing regularity by minorities of one form or another.

The Scottish Government needs to rethink the Bill and find a better way to achieve its good intentions. This cannot be allowed to turn into a battle between those who support free speech and those opposed to bigotry. Both have justice on their side.

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