Meeting of the Parliament (Hybrid) 15 December 2020
I do. We heard about that in committee. However, I think that my point stands. We do not have protection in the bill for things that are said in the privacy of one’s home.
Other crucial problems remain unchanged. In the section 3 stirring up of hatred offences, the threshold for criminality is arguably too low, and the offences are still wider ranging than those in other jurisdictions in the UK. The freedom of expression protections will not cover all new characteristics and, even for the characteristics that are covered, the protections are arguably not sufficient.
The conditions that were imposed for support by the Justice Committee have not been satisfied, and we do not know today that the cabinet secretary’s promised amendments will be agreed to at stage 2. He can propose all that he likes, but it is for the Parliament to approve those things or not. Today, we will vote on the principles of the bill as drafted.
The convener said in his opening remarks that the bill is about matters of fundamental importance but that it is also about balance and that, in the committee’s judgment, it does not get that balance right. He is correct. The committee is correct. The bill, on the unamended principles of which we will vote tonight, does not get the balance right and, as drafted, it could criminalise that which other people find offensive or disrespectful.