Justice Committee calls for views on Hate Crime Bill

A call for views has been issued on the Hate Crime and Public Order (Scotland) Bill as Holyrood's Justice Committee begins its stage 1 scrutiny.

The Scottish Government's bill comes in the wake of the Bracadale report and would consolidate, modernise and extend the legislation in Scotland against hate speech. Some commentators have criticised the width of the provisions.

In the Bill, age is added to the characteristics which already receive extra protections from hate crimes (disability, race, religion, sexual orientation, and transgender identity). The bill also leaves open the possibility to add "variations in sex characteristics" at a later date.

In addition the proposals create a new offence of "stirring up hatred" against any of these groups, and abolish the offence of blasphemy, which would be replaced by the provisions regarding religion.

Committee convener Margaret Mitchell MSP commented: "Offences motivated by hatred or prejudice have been more harshly treated by courts for a number of years, and committee members broadly support extra protections for vulnerable groups.

"Certainly aspects of this bill, such as bringing together the various different laws into one place seem eminently sensible, and a way to remove anomalies.

"However, this bill needs careful consideration. While there are clear cut examples of hate crimes, there are also trickier cases. Making sure the law strikes the right balance, protecting those who fall victim to crime because of the prejudice of others while also protecting the freedom of thought and expression of all citizens, is the task that lies before us."

She added: "These issues are not easy or straightforward and will outlast the current COVID-19 pandemic. It is crucial that they get the close attention and parliamentary scrutiny they deserve.

"The committee wants to hear from Scottish society about whether they agree this bill is the best way to achieve those aims. Does it give the right protections, are any groups overlooked, or could there be any unintended consequences? These are the issues we want to look at in depth as we examine this new legislation."

Click here to read the call for views. The deadline for responses is 24 July 2020.

Background

The call for views is open until 24 July. Following this point, the Committee will consider how best it can take forward Stage One scrutiny, including considering the Covid-19 situation at that time.

The call for views and Committee webpages can be found here.

The Bill follows on from a review of hate crime legislation by Lord Bracadale, which reported in May 2018.