@Olderbadger1
Thanks FOIrequester. Just popped over to WhatDoTheyKnow to check... it's outrageous that they can make these threatening statements without any context or explanation. So those responding to the consultation can't know if they are falling foul of any (imaginary? real?) legislation, or what will happen if they do. Chilling. I am so pissed off with WG. And extra pissed off that they can get away with this.
I'm think there could be a different interpretation. The first part of my request was for: "References to all relevant legislation regarding “hate speech” about gender identity which will be applied in the context of this consultation."
They have replied 'Information not held'. At the end of the response they mention the rewording of the consultation document, which now refers to some specific legislation and an EHRC guidance document.
“Respondents are reminded that the right to freedom of expression is a qualified right and there are specific offences in relation to hate crime created by, for example, the Public Order Act 1986 and the Malicious Communications Act 1988. The Equality and Human Rights Commission have produced guidance on issues relating to freedom of expression and where this may be restricted, the guidance is available here: 20150318foelegalframeworkguidancerevisedfinal.pdf (equalityhumanrights.com). Please ensure that any response you make to the consultation is lawful.”
If they are intending to apply this legislation, to 'hate speech' about gender identity, I don't think 'Information not held' is the correct response. The correct response should have been to refer me to the newly reworded consultation document, since they do hold this information.
Having read through that EHRC document, though, I don't think any of that legislation can be applied to hate speech about gender identity (which is not a protected characteristic). So their response might just mean that the 'hate speech' clause doesn't actually apply to gender identity because it doesn't appear in the legislation.
I think I'll have to ask them to clarify this.