This is the reply I got from a Labour MSP:Thank you for contacting me with your concerns about the Hate Crime Bill.
'Since its publication in May last year, Scottish Labour have carefully considered the Hate Crime Bill, and we have noted the many concerns which have been 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 therefore support the principle of Hate Crime legislation and take the view that consolidating existing hate crime into one body of law is an important step.
However, the shortcomings in the Bill as originally drafted were there for all to see. We have been clear that this Bill must uphold the importance of free speech in a democratic society, as well as upholding freedom from prejudice. We have therefore been committed to ensuring the Bill is properly scrutinised and substantially amended. Scottish Labour’s Justice team has met with as many stakeholder groups and campaigners as possible, including religious organisations, women’s groups and equalities organisations, to discuss their perspectives on the Bill, especially regarding freedom of expression. As a result of both stakeholder campaigns and effective parliamentary scrutiny, SNP Ministers eventually admitted that the Bill needed substantial amendment if it was to be fit for purpose.
The Bill underwent a number of very welcome changes at Stage 2. Many of our concerns have now been addressed, especially about Part 2 of the Bill and the “stirring up” offences. Intent must now be proved, and offences of stirring up hatred will be subject to a “reasonable person” test; these changes strengthen protections. Clauses about the performance of plays and the possession of inflammatory material lacked clarity and there were serious concerns about their application, so the removal of these clauses is very welcome.
With the Bill now at Stage 3, remaining parliamentary time is limited, but we are continuing to engage with all groups concerned about the Bill to ensure their voices are heard in the final stages of the process.
Some women’s organisations had concerns that the Bill lacks the nuance required to address hatred towards women and could therefore have unintended consequences. Scottish Labour therefore welcome the establishment of the Working Group on Misogynistic Harassment to consider the development of a separate offence relating to gendered violence against women.
We are also sympathetic to arguments that failing to include a sex aggravator in the Bill could send the wrong message. We support including sex as a protected characteristic in Part 1 of the Bill. When the Working Group concludes its work we expect legislation on misogynistic harassment offences to be developed, but in the meantime there must be no intervening gap in the law regarding hate against women.
We recognise that provisions protecting free speech have significant implications for the operation of the Bill. Various freedom of expression amendments were discussed during Stage 2, 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 are 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 protected characteristics, rather than the piecemeal approach that was originally in the Bill. We will carefully consider whether any other amendments are necessary in this area.
Scottish Labour are determined to see this legislation amended and improved. We hope that, by doing so, the Bill will deliver on its aims and 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. We will work to achieve that wider change in Scotland to prevent prejudice, discrimination and hate. '