Meeting of the Parliament (Hybrid) 09 September 2020
I welcome the opportunity to speak and to address the Conservative motion, which makes it clear that the Conservatives believe that hate crime should not be tolerated in a modern, inclusive nation like Scotland. That is agreed across the chamber.
The motion proposes working with stakeholders and organisations to draft alternative legislation. I am puzzled as to why that should be the route that we take. Why can we not make an immediate start by working with the Government to amend the existing bill?
The bill should be no different from any other. It should, and will, be subject to rigorous scrutiny and will be amended if there are concerns. This debate is the start of that process. I hope that it can be carried out in a respectful and meaningful way as we try to resolve some of the issues causing concern that we have heard about. We can do that only by working together, as the cabinet secretary has said, not by instigating sweeping measures to scrap the bill, as the Conservative motion calls for.
Figures show that the number of hate crimes is rising. Doing nothing cannot be an option in a modern and civilised nation such as Scotland. The bill will bring Scotland’s hate crime legislation into one statute, making the law easier to understand and more user friendly. It will implement the findings of the extensive and independent review of hate crime that was carried out by Lord Bracadale two years ago.
The final part of the Conservative motion asserts that the bill would “make free speech a crime”. I do not believe that that is the case. We will always be free to disagree. The bill does not seek to stifle rigorous debate or criticism or to inhibit freedom of expression, which is a human right. The bill does not say that an insult constitutes a hate crime.
Liam McArthur’s amendment calls on the Government to set out its plans to address concerns about free speech. I understand that the cabinet secretary has agreed to do that. We have heard concerns about the definition of stirring up hatred. The courts will decide whether someone has behaved in a threatening or abusive manner. That must be proved beyond reasonable doubt in court. If that definition requires improvement, that area can be focused on.