Meeting of the Parliament 26 January 2017
Recent news coverage of events around the globe has starkly demonstrated that hatred and prejudice continue to have very serious consequences for people and communities across society. In recent times, we have seen racism and religious bigotry on the rise around the world. Those reports, and the subsequent and increasingly frequent online furore that they generate, can lead to increased attacks on everyone, from people from ethnic minority communities to people with disabilities and every other vulnerable community that is easy prey for bigots and bullies. Discussions in the media and online about Brexit highlight the need for us to ensure that people from across the European Union who have made Scotland their home feel secure.
Scotland is an open and inclusive nation, but we are not immune from such hateful behaviour. Our communities sometimes face prejudice and abuse through direct physical confrontation and through cowardly online hate abuse. I know that everyone across the chamber would condemn the deliberate targeting of our minority communities with hate-filled prejudice. I am sure that we are all united in seeking to offer our communities the protection in law that they need to give them access to justice when they are subjected to such behaviour.
Prejudice and hate have huge impacts on the quality of life of individuals and the communities to which they belong. Trust becomes more difficult and whole families and groups withdraw into smaller circles of safety, with significant consequences for the overall levels of trust and social capital across the whole of society. Our debate earlier today on Holocaust memorial day highlighted why we must never forget the injustices that have led to demonisation of communities and to horrific acts of genocide. We must be vigilant to ensure that history does not repeat itself and that no one is allowed to make scapegoats of our minority communities. We must all of us always bear witness.
Last November, Parliament debated hate crime and raised the possibility of a review of hate crime legislation. Organisations including the Law Society of Scotland and the Equality Network provided written briefings supporting such a review. The need for robust legislation to tackle hate crime is as great as ever, which is why I am announcing today that the Scottish Government has commissioned an independent review of hate crime legislation. The review will be led by one of the most senior members of the Scottish judiciary—Lord Bracadale. He will make recommendations on how we can ensure that the hate crime legislation that is applied to protect Scottish communities is fit for purpose in the 21st century.
The review will be taken forward entirely independently of the Scottish Government. The remit has been placed in the Scottish Parliament information centre, and I confirm that it will consider whether existing hate crime law represents the most effective approach for the justice system to deal with criminal conduct that is motivated by hatred, malice, ill-will or prejudice.
Lord Bracadale’s considerations will include whether the current mix of statutory aggravations, common law powers and specific hate crime offences is the most appropriate criminal law approach to take; whether new categories of hate crime should be created for characteristics that are not currently covered in existing legislation, such as age and gender; whether existing legislation can be simplified, rationalised and harmonised; and how any identified gaps, anomalies and inconsistencies can be addressed. Lord Bracadale will also consider whether we need to change or amend the current legislative framework and whether it guarantees that human rights and equality, including the right to freedom of speech, are protected.
Another central concern of the review is the need to consult all interested parties to ensure that Lord Bracadale’s recommendations are informed by evidence. That is why Lord Bracadale will conduct an open public consultation on the review. In addition, he has indicated that he is happy to meet spokespersons from all the parties that are represented in Parliament so that he can incorporate the views and opinions of Parliament in his findings and recommendations.
The current legislation that relates to hate crime has developed piecemeal over decades. The review presents us with an opportunity to take stock and to look at all the legislation holistically. That means that the review will consider the wide range of legislation that has an impact on tackling hate crime, including the Offences (Aggravation by Prejudice) (Scotland) Act 2009, the Criminal Justice (Scotland) Act 2003 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.
I am, of course, aware of the views of members on the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. The Government remains opposed to repeal of the 2012 act without there being a viable alternative. Such a move would remove protection from some of our most vulnerable communities: for example, repeal of section 6 would leave an unacceptable gap in Scottish legislative protection in that, unlike elsewhere in the United Kingdom, prior to the 2012 act’s introduction there was no specific offence in Scots law that criminalised threats that were made with the intention to incite religious hatred. That was an obvious gap, so it was clear that legislation was required to address it. The review that I announce today acknowledges the concerns of Parliament and provides a responsible and practical response by allowing the 2012 act to be considered in the context of all hate crime legislation, which will help to ensure that the overall legal coverage that is offered to vulnerable communities is appropriate.
Let me be clear: the review goes far beyond football. We are determined to ensure that people who peddle extreme and intolerant ideologies, those who admire the hatred of the far right and who want to undermine civil liberties and human rights, and those who simply want to make scapegoats of anyone who is different from themselves, do not find any foothold. There is no place for such behaviour in modern Scotland.
People who indulge in hate crimes often fear losing their privilege and power—that is, the privilege to abuse and the power to harm the weakest and most marginalised people in our society. Some people cannot accept that the only secure future is one in which we are able to live side by side, as equals, with equality that is based on trust, respect and—most important—understanding.
The laws that have been put in place to tackle hate crime were designed to protect vulnerable people. They make it clear that a modern forward-looking society will not tolerate hatred of people simply because of who they are. Now, more than ever, we need to revisit the body of applicable legislation in Scotland and ensure that that fundamental principle is not allowed to slip or to be lost in the changing global environment. If hatred is left unchallenged, people will be pushed towards ever more polarised positions, which will lead to greater and greater fragmentation of society. We will be vigilant; we will not stand by and let that happen.
I reaffirm the Scottish Government’s commitment to tackling all forms of hate crime. The independent review will ensure that Scotland leads the way in providing adequate and appropriate protection to all communities. I commend this important review to Parliament and hope that all parties will engage positively with Lord Bracadale as he develops his recommendations, in order to ensure that Scotland can live up to the ideal of being a modern, outward-looking, open and inclusive country.