Reply for Claire Baker (Labour) to my email asking her not to back the bill:
Since its publication in May last year, Scottish Labour carefully considered the Hate Crime Bill and have noted the many valid concerns which were raised by individuals and organisations about the potential consequences of its provisions.
Prejudice and hate have no place in Scottish society and so it is important that we have clear and robust laws to allow us to tackle hate crime. Scottish Labour are therefore supportive of the principle of Hate Crime legislation and consolidating existing hate crime into one body of law is an important step.
However, there were serious issues with the Bill as it was originally drafted. It was obvious early on that substantial revisions were required if the Bill was to be fit for purpose and it was therefore welcome when the Scottish Government conceded that amendments were necessary. Scottish Labour have always been clear that this Bill must uphold the importance of free speech in a democratic society while also protecting individuals from prejudice.
The Bill underwent a number of very welcome changes at Stage 2 and many of the concerns that Scottish Labour had, especially about Part 2 of the Bill and the stirring up offences, have now been addressed. Intent must now be proved and offences of stirring up hatred will be subject to a reasonable person test; these strengthened protections are positive additions. Provisions relating to the performance of plays and the possession of inflammatory material were also removed. The drafting of these clauses lacked clarity and there were serious concerns about their application so their removal is very welcome.
Some women’s organisations had concerns that a Hate Crime Bill could lack the nuance required to address hate towards women and have unintended consequences. Scottish Labour therefore welcome the establishment of the Working Group on Misogynistic Harassment which was set up to consider the development of a separate offence to address gendered violence against women.
However, Scottish Labour supported arguments that not including a sex aggravator in the Bill could send the wrong message. We supported including sex as a protected characteristic in Part 1 of the Bill, and I voted for amendments in this area. As these amendments were not accepted, we now need the Working Group to conclude its work and legislation on future misogynistic harassment offences brought forward, and provide equal protection for women within the law.
We recognise that provisions protecting free speech will have significant implications for the operation of the Bill. During Stage 2 various freedom of expression amendments were discussed but it was agreed that further work was necessary to ensure that drafting of these sections was acceptable. Scottish Labour take seriously the need to achieve an appropriate balance in the Bill. To ensure protections were enhanced, we have worked cross-party and with external organisations to inform the development of the Government’s Stage 3 amendment. We are glad to see that the Government has listened and that the freedom of expression protections will now apply to all the characteristics in Part Two, rather than the piecemeal approach that was originally in the Bill.
Scottish Labour were determined to see this legislation amended and improved which I believe it has been, and for these reasons, I voted to support the Bill. We need to ensure that it will deliver on its aims and appropriately uphold the rights and protections necessary for a safer and more tolerant Scotland. Ultimately however, tackling hate crime requires more than legislative action, it requires education, societal change and a concerted effort to build a culture of respect and inclusion. I will work to achieve that wider change in Scotland to prevent prejudice, discrimination and hate.