Scottish Government Hate Crime bill - call for views

[Dances]

www.parliament.scot/parliamentarybusiness/CurrentCommittees/115038.aspx

Very short window of opportunity for responses - until 24 July

Note that 'sex' is not included as a protected characteristic, but 'variations in sex characteristics' is. Whatever that means.

Yes dropping Part 2 would be better. When I look at this Bill I just think ‘fools rush in where angels fear to tread’. Like the disastrous Named Persons Bill, this has a human rights challenge written all over it.

In a democracy people need to know what the law is. What is ‘hatred’ for the purposes of the Bill? Both Lord Bracadale and the Law Society of Scotland seem to have side swerved this million dollar question. There is clearly no consensus in society or even amongst judges on this. The Harry the Owl - Harry Millar v College of Policing case shows the danger of relying on the police to correctly assess what constitutes a hate crime. Is the intention to criminalise statements such as those made by JK Rowling or ‘factual’ statements which some find offensive? This means that it will inevitably stifle freedom of speech as most people won’t want to take the chance that they might be committing a criminal act. It is very dangerous territory. I would suggest that everyone responding to the consultation pose specific situational questions to the Committee. I will start ... add your own:

1. Is it Parliament’s intention that statements such as those recently made by JK Rowling should fall within the remit of the stirring up hatred offence in respect of the characteristic of transgender identity?

Etc etc

What is ‘hatred’ for the purposes of the Bill? Both Lord Bracadale and the Law Society of Scotland seem to have side swerved this million dollar question.

Absolutely, but why bother with a definition of "hate" when there is no "objective/reasonable person" type standards of proof just anyone's feelings are enough for the crime to have been committed if they feel it has. It's terrifying.

Even more concerning, it seems it wouldn't even need to be "hatred" it only needs to be "insulting" which is just ridiculously authoritarian when you're talking about making something a criminal offence with a potential 7 year jail term!

And yes, I'd imagine the whole JKR debacle could be seen by those so inclined as an egregious example of "stirring up hatred".

Just when it looked like #nodebate was finally coming to an end it seems like the judiciary's going to step in on behalf of the overlords to make sure us wimmin stfu once and for all....

As an aside, could the allowing of criticism of homosexuality be something to do with protecting religious expression?

I think that there does need to be hatred for the stirring up offence. The first section has an ‘and’ at the end. So the threatening or abusive behaviour or communication must either be intended by the person to stir up hatred against the protected group OR as a result of the behaviour/ communication it is likely that hatred will be stirred up against such a group. The joys of statutory interpretation......

As an aside, could the allowing of criticism of homosexuality be something to do with protecting religious expression?

Yes, I think that part of the Bill was specifically made for religious groups to protect them from falling foul of the hate crime law.

here.

Our full submission is here.

We have called for the characteristic “sex” to be added to Part 1 (aggravated offences) of the Bill and outlined how Part 2 (stirring up hatred) would seriously compromise the work of our group and everyone’s freedom to speak about women’s rights. Amendments such as removing the term “abusive” or adding freedom of expression protections for transgender identity will not fully diminish the risks, so we are calling for Part 2 to be removed from the Bill.

Please email your views to [email protected] by the 24th July 2020.

Oops!!! Sorry... copy and paste fail!

For Women Scotland have provided some useful information to help you write up your submission to the Justice Committee.

forwomen.scot/19/07/2020/hate-crime-bill-call-for-views/

The National Secular Society has some excellent guidance on how to submit a response on the Hate Crime Bill. They have concentrated on concerns regarding free speech with respect to religion or belief – but of course, the proposed law also seriously endangers our ability to speak up about women’s rights, oppose reforms to the Gender Recognition Act, and question the concept of gender identity.

The Hate Crime Bill and Public Order (Scotland) Bill can be found here, and information on how to submit your views to the Justice Committee is here.

Our full submission is here.

We have called for the characteristic “sex” to be added to Part 1 (aggravated offences) of the Bill and outlined how Part 2 (stirring up hatred) would seriously compromise the work of our group and everyone’s freedom to speak about women’s rights. Amendments such as removing the term “abusive” or adding freedom of expression protections for transgender identity will not fully diminish the risks, so we are calling for Part 2 to be removed from the Bill.

Please email your views to [email protected] by the 24th July 2020.