It’s a blunt weapon, we can’t gag our way to better society

EIGHT weeks of lockdown has given us ample time to reflect on what is important to us as a society – and reminded us of the importance of freedom in our lives. A free society makes life worth living. When we leave lockdown, that is something we must remember.

The SNP Government’s new Hate Crime Bill, like so much legislation, starts from a place of genuine goodwill, the desire to stamp out discrimination based on age, disability, religion, sexual orientation and transgender identity.

But it promises to end in a very bad place – with the erosion of the most important freedom of all, that of speech.

The new law, if passed, will update the law against ‘stirring up hatred’, which currently applies only to race.

Crucially, it would allow the prosecution to charge someone if it was found that hatred against a group or characteristic had been ‘stirred up thereby’. While there are protections for freedom of expression, for example on religious grounds, it is unclear how far these would apply.

Christian groups have pointed out that ‘Biblical truth’ is offensive to many. Could the Bill be used to suppress those who object to same-sex relationships, or who do not recognise transgenderism? It is not clear. It is not just that what is mainstream and acceptable today could easily be seen as ‘wrong’ tomorrow. The presumption of a free society is that people should be able to say what they think.

The law should intervene when people deliberately incite violence and hatred. But the power of argument, debate and open discussion will always beat the blunt weapon of restrictions and penalties. You cannot gag your way to a better society.

Unfortunately, the SNP does not appear to be listening. Opposition MSPs who have raised concerns have been shouted down.

Groups which have raised fears about the legislation include the National Secular Society – which says it threatens ‘open debate’ – and the Christian Institute.

When two such polar opposites oppose a law, for broadly the same reasons, is it not possible that critics might have a point?

We’ve all missed our freedom these past few weeks. Let’s make sure the Government gets the message that we want that freedom protected.