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Chamber

Meeting of the Parliament 07 June 2018

07 Jun 2018 · S5 · Meeting of the Parliament
Item of business
Hate Crime Legislation: Bracadale Review
Kerr, Liam Con North East Scotland Watch on SPTV

Thank you, Presiding Officer.

On that, a related matter that merits further discussion is how to approach the report’s recommendation 2, on updating language. Simplification and accessibility are always to be encouraged, but as Gordon Lindhurst will say later, a phrase such as “malice and ill-will” may not be identical to the term “hostility”, so we must be very careful on such points.

Annie Wells will review recommendations 9 and 10 of the report, which are that age hostility and gender hostility should become recognised categories of hate crime. We are eager to look closely at any proposals that the Scottish Government might choose to make on that. They are really important areas, so we have to get that right, which will necessitate open, honest and frank discourse. Annie Wells will talk about the importance of public awareness and understanding, and about striking a balance between tackling hate crime at its root, without diluting the goals of existing legislation, and recognising the profound harm that such crime causes and standing up for communities.

In relation to age as well as to disabilities, recommendation 11 suggests that the Scottish Government

“consider the introduction, outwith the hate crime scheme, of a general aggravation covering exploitation and vulnerability.”

Inclusion Scotland particularly welcomes that recommendation, and I found its reasoning to be persuasive. As Action on Elder Abuse has said, in relation to crimes such as theft, fraud and assault, older people are often specifically targeted because of their actual or perceived vulnerability. That might be based on physical frailty, mental capacity, memory difficulties, loneliness and isolation or dependency on others for basic care needs.

As Lord Bracadale’s report says,

“a proportion of offences committed against disabled persons are based, not on hostility, but on perceived vulnerability.”

We can send a message that we will not tolerate those who target the most vulnerable people in our society. Criminals must know that they will be additionally punished with tougher sentences for such callous and inhuman behaviour. I call on the minister to waste no time in introducing proposals to implement that recommendation. In so doing, she will have our full support.

We were also pleased to note that the report recognises the role that restorative justice can play in dealing with hate crime. As members will know from my members’ business debate just two weeks ago, restorative justice is, in essence, voluntary, facilitated and constructive dialogue between a victim and an offender in order to seek to make amends. Restorative justice puts victims first and allows them to be part of putting things right after a crime has been committed.

I particularly commend to Parliament the example that Bracadale cites at paragraph 10.42 of an anti-Semitism case in which the affected family wanted the offender to study the effects of the Holocaust as part of his community sentence. The offender later reflected:

“I had ... no idea that being antisemitic had this kind of impact. I had no idea that all these people died during the second World War”.

As researcher and social work practitioner Rania Hamad notes,

“developing an understanding of the harms caused by hate crime ... is viewed as an important facet of any rehabilitative intervention with hate crime offenders. Many offenders are potentially not fully aware of the harm caused by their actions at the time of committing the offence. As such, a restorative justice ... approach may be well-placed to address the harms of hate crime.”

There is a compelling case for utilising restorative justice in relation to hate crime, and I commend recommendation 22 to the Parliament.

Finally—I shall not major on this point, because I suspect that others might do so—the report devotes a whole section to the impact of the repeal of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. In what can only be described as a humiliation for some people here, Bracadale clearly states that there is no need for a replacement for the hated football act. We have been told repeatedly in the chamber that there will be a gap in the law.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
Time is tight, so I am moving straight on. The next item of business is a debate on Lord Bracadale’s independent review of hate crime legislation. This is a ...
The Minister for Community Safety and Legal Affairs (Annabelle Ewing) SNP
Tackling hate crime is central to building the Scotland that we all want to see—a Scotland free from hatred, prejudice, discrimination and bigotry, and a cou...
The Deputy Presiding Officer SNP
I call Liam Kerr to open the debate for the Conservatives. You have up to eight minutes, please, Mr Kerr. 15:11
Liam Kerr (North East Scotland) (Con) Con
I am very pleased to open for the Scottish Conservatives in this debate without a motion on Lord Bracadale’s independent review of hate crime legislation. L...
The Deputy Presiding Officer SNP
I am sorry, Mr Kerr. Somebody’s phone is ringing, but they should not have it on—either in the gallery or in the chamber. On you go, Mr Kerr.
Liam Kerr Con
Thank you, Presiding Officer. On that, a related matter that merits further discussion is how to approach the report’s recommendation 2, on updating languag...
Annabelle Ewing SNP
I point Liam Kerr to page 63 of Lord Bracadale’s report, where he says in paragraph 5.30 that “The repeal of section 6” of the 2012 act “has left a gap in...
Liam Kerr Con
We acknowledged that point about section 6 at the time, and we talked clearly about it in committee. The minister said clearly in the stage 3 debate on the O...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
Will the member take an intervention?
Liam Kerr Con
No, I will not, I am afraid. That would be the third intervention from the Scottish National Party, including the phone that went off earlier. The reality i...
The Deputy Presiding Officer SNP
I let you make up your time. Technically, a telephone ringing might be an interruption, but it is not an intervention, Mr Kerr. I know that you are a man who...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I pay tribute to Lord Bracadale—not just for his excellent report but for how he conducted his inquiries in compiling it. When I became Labour’s spokesperson...
The Deputy Presiding Officer SNP
I call John Finnie to open for the Greens. As you have split your time, you have three minutes, Mr Finnie. 15:27
John Finnie (Highlands and Islands) (Green) Green
I, too, welcome the report. I also welcome the briefings, one of which, from the Law Society of Scotland, says that hate crime can and does affect us all. I ...
The Deputy Presiding Officer SNP
Well done, Mr Finnie, you kept to three minutes. 15:30
Liam McArthur (Orkney Islands) (LD) LD
As other members have done, I pay tribute to Lord Bracadale for the valuable work that he and his small team have carried out. None of us underestimates the ...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
In an ideal world, there should be no need for hate crime legislation, but we all know that this is not an ideal world, and Lord Bracadale’s “Independent Rev...
Maurice Corry (West Scotland) (Con) Con
I join colleagues in thanking Lord Bracadale for putting together his review of hate crime legislation. In a civilised society, hate crime of any kind—whethe...
Annabelle Ewing SNP
Will the member take an intervention on that point?
Maurice Corry Con
I am sorry, but I am in my last minute. The minister even went as far as to dismiss the statement of the Law Society of Scotland by saying: “I do not thin...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
I remind the chamber that I am the parliamentary liaison officer to the Cabinet Secretary for Justice. I welcome the report and thank Lord Bracadale for car...
Liam Kerr Con
Will the member take an intervention?
Fulton MacGregor SNP
I am going to come to Liam Kerr’s comments. When the Justice Committee scrutinised the bill that repealed the 2012 act, a majority of witnesses agreed with ...
Liam Kerr Con
Fulton MacGregor and his colleagues have made some pretty robust—and now incorrect—comments about the Conservatives behaving irresponsibly during the repeal ...
Fulton MacGregor SNP
I do not think that Liam Kerr heard what I just said. I made it quite clear in my speeches during stage 1 and stage 3 that there were issues with section 1—I...
The Deputy Presiding Officer SNP
You must come to a close, Mr MacGregor.
Fulton MacGregor SNP
I will just finish this point. Although the context is different, that reminded me of the evidence-gathering sessions on the bill that repealed the 2012 act...
The Deputy Presiding Officer SNP
You must come to a close, please.
Fulton MacGregor SNP
One camp agreed with the verdict and one did not. That case highlights the need for clearly defined hate crime legislation. 15:49
Anas Sarwar (Glasgow) (Lab) Lab
I thank Lord Bracadale for his report. It is a balanced report and one that should be welcomed by all members across the chamber. I am particularly pleased t...