Scottish Hate Crime Bill Amendments

[Alicethroughtheblackmirror]

I wondered if mumsnetters would consider writing thanks to the MSPs who are suggesting amendments to protect women?

This is even more pertinent after the interventions of Nicola Sturgeon this week.

The formidable Johann Lamont has written to the committee to ask them to add sex.

Liam Kerr has made really comprehensive suggestions to protect conversations about women's rights and it is this that has caused such a melt down in TRA circles and sparked the whole argument about definitions of transphobia. I think it really unlikely they will be adopted, but it might be good to write to other MSPs to say this would have support, and to write to Liam to thank him. I think sometimes people are more reticent (especially in Scotland) about thanking a Conservative, but he has been really good on this as well as other bills regarding women's rights - like forensic medical examiners - and the TRAs have been vile about him over this.

Rhoda Grant of Labour has also put in an amendment to protect those talking about women's rights. Rhoda has been slightly ambivalent in the past, so it's really heartening to see this and it would be good to give encouragement. Liam's suggestions are better, but I think she deserves a boost too!

Details of them can be found here: murrayblackburnmackenzie.org/2021/01/27/protecting-freedom-of-expression-when-less-is-less/

I have written to Johann and Rhoda before. I will write to Liam. Ta for the idea!

[email protected]
[email protected]
[email protected]

Thank you for the email addresses!

It would be brilliant to get as much support as possible

Liam McArthur's general amendment deserves support too.

Good idea, thanks.

Be great for each of them to know the difference they’ve made.

Stage 2 scrutiny of the Hate Crime Bill will begin next week on Tuesday 2nd February. Members of the Justice Committee will debate and vote on various amendments.

Please take the time to write to Justice Committee MSPs and ask them to back these amendments.

All information needed is here -
mailchi.mp/freetodisagree/urge-msps-to-call-for-more-changes-to-hate-crime-bill-7240037

When you write to MSPs, please ask them to support:

Govt amendments 1, 2, 3 and 4 to restrict offending to 'intent' only

Amendment 19 to remove offences on inflammatory material (this amendment is in Liam Kerr MSP's name but is supported by the Govt)

Govt amendments 34, 36, 39 and 40 to provide an objective test for 'abusive'

Govt amendment 77 to broaden the religious free speech clause

Govt amendment 82 to insert a trans free speech clause

Please also ask MSPs to support:

Amendment 39A and 40A to remove the term 'abusive'

Amendments 41, 44 and 84 to provide a ‘dwelling defence’

Amendment 55 to require the consent of Crown Counsel to any prosecution

Amendment 82B to insert a broad trans free speech clause

I emailed Liam Kerr

Great idea! Thanks for suggesting it.

Excellent idea thank you for suggesting it and thank you for all the details. I will get in touch with them all tomorrow.

Thread on Twitter with emails and suggestions of which amendments to support.
twitter.com/ForwomenScot/status/1355638888656756738?s=20

Thank for this. I am in Victoria Australia and it has given me an idea to email the MP who is standing up for rights.

And I can email my local MP though I don't t think that t0ss3r will give a sh!t.

Bumping

Newsletter from For Women Scotland that expands on what each amendment is about.

You don't need to be a constituent of any of the MSPs on the Justice Committee so please send them an email before Tuesday if you are in Scotland.
mailchi.mp/2ba092157fe4/action-on-the-hate-crime-bill

Thank you NonnyMouse for the details of the amendments. The Newsletter from For Women Scotland is excellent and well worth highlighting the key amendments from it - if it's all right to do that here:
"Amendment 31 by Johann Lamont to add sex as characteristic to Part 1 of the Bill (aggravation of offences by prejudice). This protection was recommended by Lord Bracadale and the Bill should not proceed without its inclusion. This does not stop any work by the working group on misogyny.

Amendment 89 by Johann Lamont to add the definition of sex which reflects that used in the Equality Act. Even if sex is to be added to the legislation at a later date it is important that the definition is laid down now to protect against subsequent redefinition.

Amendments 90, 91, 99B and 99C by Johann Lamont to ensure clarity on the definition of sexual orientation. Using 'opposite' instead of 'different' sex brings it in line with the Equality Act 2010 and the Offences Act 2009, and does not give the impression that there are more than 2 sexes.

Amendments 106, 108, 111 and 116 to change 'variations in sex characteristics' to the more accurate 'differences in sex development'.

Amendments 104, 107, 109, 113 to change the undefined 'transgender identity' to 'gender reassignment' to bring it in line with that defined in the Equality Act 2010.

Amendment 17 which would remove Part 2 of the Bill. The reaction from trans campaigners to the Government's Amendment 82 can leave no doubt to their intention to use the Hate Crime Bill to restrict women's free speech on advocating for their rights or to be critical of transgender ideology. We cannot see a way of avoiding this and therefore strongly believe the stirring up offences should be removed from the Bill in their entirety.

Amendment 82B will give the best protection to women's free speech should the Bill continue with Part 2.

Amendments 112, 103 and 82 would also be welcome as protection to our freedom of expression. "

Done

Done

Done...and bumping again.

Still time to send emails to the nine MSPs on the Justice Committee.

doing it tomorrow ... placemarking

Ach, just did it. Took me four minutes, for anyone who's havering.

Humza Yousaf:

Have spoken to Opposition members & we have all agreed not to move our amendments in relation to *Freedom of Expression (Hate Crime). By not moving, will hopefully achieve concensus on a broad FoE clause for Stage 3 that covers all characteristics, so no group feels targetted

We all want to ensure freedom of speech, including the freedom to disagree robustly with any policy, is protected. We also agree that this is not mutually exclusive to protecting the rights of people to be free from hatred.

I apologise for any hurt caused - was not my intention

*With agreement of the Opposition the only FoE clause I will move will be in relation to religion. This provision has broad consensus, not just in Parliamentary terms but also from various stakeholders, from faith groups to secularists.

twitter.com/HumzaYousaf/status/1356299644553322497?s=19

FFS

Why have the opposition MSPs caved on this??

The Tory amendment was really strong.

I don't get it.

If I was being cynical (I am) might think that a disastrous and unpopular bill, authored by the SNP, might be beneficial to opposition parties in the May election...

I don't get it either unless they mean they're taking the entire bill back to the drawing board so the amendments can be incorporated into a new draft? Humza is running scared of the TRAs but perhaps he can see that letting the Tories gain credibility and table a popular amendment paints the SNP as more right-wing than the Tories?