Freedom-of-speech protections ‘under active consideration’
Freedom- of-speech protections in the controversial new hate crime Bill are" under active consideration", the Justice Secretary has said.
The Hate Crime and Public Order( Scotland) Bill has been condemned by some groups who claim it hits free speech.
The legislation, currently in stage one in the Scottish Parliament, will introduce a stirring-up of hatred offence for a number of characteristics, including disability, sexual orientation and age.
Humza Yousaf has already said the Scottish Governmen twill propose an amendment at stage two of the Bill that would mean any offender would have to intend to stir up hatred, after a backlash from free speech groups.
The Justice Secretary has now said the Scottish Gover nm en ti swilling to look again at protections of free speech in the legislation.
Speaking during an evidence session before the Justice Committee yesterday, Mr Yo us af said he would be open to expanding protections of freedom of speech to cover all of the protected characteristics in the Bill - as only statements made against people on the grounds of their religion or sexual orientation are currently covered.
He also said he would consider broadening protections to acts that express "antipathy, dislike, ridicule or insults ". The Justice Secretary said :“I would anticipate some further change around the freedom-of-expression clause probably coming at stage two, be it from members or possibly from the government, but it is an area under active consideration."
Later in the session, a top lawyer - whose review of hate crime legislation spawned the Bill-said the changes would mirror recommendations made in his 2018 report.
Lord Bra ca dale QC told the committee: "I think that would bean expression in the Bill of the kind of line that we want to identify between offensive behaviour on one side and threatening and abusive behaviour with whatever other threshold there is."
When asked by committee convener Adam Tomkins if he stands by his recommendations for protections of expression, Lord Bracadale said he did.