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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

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 is that, during the stage 3 debate, the minister was adamant that there would be a gap in the legislation, but the report states in black and white that

“hate crime offences committed in the context of a regulated football match held in Scotland could be prosecuted in Scotland under pre-existing criminal law.”

Lord Bracadale goes on to say that he is

“satisfied that there is no gap in the law”—

which is what I and so many others pointed out at the time. It is unlikely that an apology—no matter how much it is merited—will be offered, but a degree of contrition and reflection on past and future choices of words by some members is perhaps warranted.

Hate crime is particularly harmful to victims and communities. As Rania Hamad has said,

“research indicates that the emotional and psychological trauma caused by hate crime is heightened compared with other types of crime due to the offending often being related to the ‘core’ of the person’s identity, and vicarious trauma can be experienced by those who share the same identity characteristics as the victim such as family or community members.”

Therefore, it must be countered. The first step to achieving that is to know and understand what we are dealing with. The report enables that, and I again thank Lord Bracadale for compiling it.

I said at the beginning of my speech that we must have the legislation that we need to tackle hate crime. We must tackle prejudice at its root, adequately punish and deter offenders and stand up for victims of hate across Scotland. We may disagree about some of the recommendations in the report, but I suspect that we can all agree on that. I look forward to hearing members’ views.

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...