Urgent Consultation - Adding Sex to the Hate Crimes and Public Order Act in Scotland

[AmaryllisNightAndDay]

Just got this from FWS. I couldn't see a thread about it and the consultation deadline is tonight(!)

"The Scottish Government is consulting on adding "sex" as a characteristic to the Hate Crime & Public Order (Scotland) Act - the closing date is tomorrow, today 10 October 2025. We campaigned for this 5 years ago when the Act was going through Parliament, but the Government decided against it, preferring to develop a Misogyny Bill instead. This has now been dropped, primarily due to insufficient time to progress it before the Scottish election next year. The Government now plans to follow our original suggestion, and use a Statutory Instrument which will allow "sex" to be quickly and easily added to the current Hate Crime Act.

Although there are plenty of issues with hate crime laws we think that, while they exist, women should have equal protection under the law. It means the police will treat hate crimes against women seriously and we can start to collect important statistics on offences motivated by prejudice based on sex on its own, or intersecting with other characteristics. If it's felt additional or tailored protection is needed there is no reason why this cannot be progressed with a separate misogyny bill in the next Parliament. We will be submitting a short response agreeing that "sex" should be added to the Hate Crime Act.

Please click to respond to the consultation, it shouldn't take long!"

And here's the link:

https://consult.gov.scot/justice/ssi-to-add-sex-as-hate-crime-characteristic/

I have mixed feelings about "Hate Crimes" laws and the way they can be weaponised for personal and political vendettas especially after what's happened to Helen Joyce but we should respond.

It states the closing date is: 17th October 2025.

Can you respond if you don’t live in Scotland ?

Done 👍

Is it this one? https://www.mumsnet.com/talk/womens_rights/5400515-scotgov-consult-on-adding-women-and-girls-as-pc-to-hate-crime-law

Thanks @RayneBowTrout - I was posting in a hurry before going to work so I didn't get to check.Very glad we have a bit more time to respond!

As far as I can see, yes you can. I didn't see anything that said they were specifically looking for Scottish views, and they ask for an email but not a postal address.

Yes that looks like the same one, thanks.

I hate it when they randomly extend the deadline! The same has happened with the consultation on topics to be included in Scotland's next census in 2031, which now closes on 11th November. Worth responding with the suggestion of adding sex back in as a census question rather than self-id.

https://consult.gov.scot/national-records-of-scotland/scotlands-census-2031/

FWS's response: https://forwomen.scot/30/09/2025/scotlands-census-2031/

Thank you Betsy
both done

Done

Thank you Betsy. Done also.

I've had a glance at the FWS responses but very much used my own words (all mistakes my own!) and not gone the full legal detail because it's strongly hinted in the recent Scottish govt reponse to the Conversion Therapy consulation that the govt might devalue responses that look too similar to a source they don't agree with

Is there a recent FWS response I can use as a guide when filling out the consultation? Is it just a case of saying sex should be added in, or is it better to also include further information?

FWS's response is here https://forwomen.scot/30/09/2025/scotlands-census-2031/

Thank you GoatsareGOAT. Sorry I wasn't clear in my post. I meant is there any guidance or submission for the consultation to add sex to the Hate Crime Bill?

I shall use the link you posted to fill in the census one. Thanks!

Murray Blackburn Mackenzie have published their submission which provides a useful template for anyone wanting to respond to the consultation.

Of course don't copy it word for word. Please frame it in your own words and thoughts as this will make it more likely that your submission is taken seriously and not categorised as a generic response.

I'm going to submit mine tonight after dinner. 😄

murrayblackburnmackenzie.org/2025/10/12/mbm-response-to-scottish-government-consultation-on-a-draft-ssi-to-add-sex-as-a-characteristic-to-the-hate-crime-and-public-order-scotland-act-2021/

The EHRC has also published its response - which supports adding sex.

www.equalityhumanrights.com/draft-ssi-add-sex-characteristic-hate-crime-and-public-order-scotland-act-2021-our-response