Murdo Fraser's contribution to the debate.
One of the most disappointing aspects of the debate about the bill is that the fact that there is much in it with which everyone can agree often gets lost. We would all agree that hate crime should be deplored, that it makes sense to consolidate the existing law around aggravators, and that the blasphemy law is a historical anachronism that should be removed from the statute book. However, the debate about the bill has concentrated on part 2 and the creation of new stirring-up offences
It is no surprise that we have seen heavily divided opinion on part 2, with a broad coalition of voices being raised against what the Scottish Government is proposing. We have seen faith groups, secularists, human rights campaigners, writers, comedians and academics all expressing serious concern about the impact on free speech from what is being proposed
We know that there are people who want to use the law to close down debate. We saw that in the course of the debate yesterday afternoon. There is no more current example of that issue than in the dispute between trans activists and feminists over the definition of what is a woman or the need to protect women’s spaces. There is a real concern that the legislation that we will pass today will be weaponised by those who want to close down debate and silence those who simply have a different view
We heard a flavour of that in the debate yesterday afternoon in a chilling contribution by Patrick Harvie in response to a series of speeches by women MSPs, who raised their legitimate concerns about issues in the bill. He seemed to suggest that they verged on the hateful
We have to be extremely careful in proceeding with the bill. It is only by debating ideas and robustly challenging each other that society is able to advance and reform is achieved
I think that Liam McArthur said that there is no need for legislation to defend popular opinions. It is opinions that are unpopular that need to be protected. Substantial concerns remain about the impact that the bill will have on those who express views that are not held to be part of the main stream. It seems extraordinary to me that we have got into the position in which, following the rejection of Johann Lamont’s amendments yesterday, the bill now gives more protection to men who dress as women than it does to women themselves
I recognise that the Cabinet Secretary for Justice has gone to lengths to try to improve the bill. I pay tribute to the excellent work that my good friend Adam Tomkins and his colleagues on the Justice Committee did in the detailed scrutiny of the bill at stage 2. However, within the past few weeks, we have seen the justice secretary running around and convening sessions with stakeholders to try to reach agreement on the terms of free speech amendments to the bill. Amendments were lodged for debate yesterday with just a few days for external consultation and public scrutiny. That is not the way that legislation—particularly legislation that creates new criminal offences—should be introduced
There is a broader debate about how the Parliament functions and how it can best hold the Executive to account. We have no revising chamber to act as a check on what we might vote for in here. The Justice Committee has done an excellent job with a strong convener, but even its role was limited after the bill passed stage 2
It seems to me that this is no way to make law. I would have liked to see the Scottish Government withdraw part 2 in its entirety, as Liam Kerr suggested. We would have had unanimity in passing parts 1 and 3 and we would have got good legislation on to the statute book. Then, we could have taken back part 2, in a separate piece of legislation in the next session of Parliament, with time to properly build consensus. Instead we are rushing ahead to publish legislation that might well have deeply damaging unintended consequences, and that is not something that I can support