The SNP’s new hate crime bill could criminalise free speech in people’s own homes, MSPs have been told.
Members of the Scottish Parliament questioned Scottish Justice Secretary Humza Yousaf over the new proposed legislation.
If made into law, the new bill would introduce a stirring-up of hate offence on characteristics including disability, sexual orientation and age.
However, many critics fear the so-called Hate Crime and Public Order Bill, which centres around plans for a new offence of “stirring up hatred”, will stifle freedom of expression in Scotland.
BBC Scotland, Catholic bishops, the Humanist Society of Scotland, and the Scottish Police Federation are amongst those to have raised concerns, along with Rowan Atkinson and writer Val McDermid.
Due to the initial backlash, the proposed bill faced, Mr Yousaf was forced to amend the legislation and change the controversial “stirring up” offences section which has been condemned by opponents.
It now means “stirring up offences” would be limited to “intent” relating to age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics and therefore prosecutions could only be brought in this respect.
Glasgow Tory MSP and Committee Convenor Adam Tomkins questioned the Scottish Justice Secretary on how you can commit an offence of public order in private.
The questioning followed after Mr Yousaf suggested during the committee session that he would be in favour of the stirring up offences applying inside home dwellings.
Mr Tomkins said: “When we are considering the scope of the criminal law in this Parliament, we’ve got to be careful not to under criminalise and also guard against overcriminalisation and make sure we are not inadvertently rendering criminal that we think ought to be free to do.”
Liam Kerr MSP, Scottish Conservative Justice Spokesman, added: “The Hate Crime Bill was a mess when the SNP first brought it to parliament and it still contains serious issues that need to be fixed.
“Tinkering around the margins will not fix the most controversial bill in Scottish Parliament history.
“This latest admission from the justice secretary confirms what so many respondents to the consultation have warned – that as drafted, this Bill means free speech could be criminalised within the home with friends you’ve invited over for a dinner party, and that Mr Yousaf is perfectly comfortable with that.
“The SNP need to be clear with the Scottish public about exactly what they intend this Hate Crime Bill to do.
“They can’t keep trying to force through dangerous attacks on freedom of speech.”
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Editor-in-Chief | Carl D. Pearson has been involved in British politics and media from an early age, with the key knowledge of what it takes to run a news organisation for the 21st century. Mr Pearson, as Editor-in-chief, is responsible for supervising the daily tasks of publishing media and content to UNN’s website and various platforms.
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