Meeting of the Parliament (Hybrid) 09 September 2020
Hate crime has no place in a modern Scotland; it is simply wrong. No one should be subject to hatred. To subject people to hatred because of their race, gender, sexuality, disability, or indeed some of the other characteristics, is wrong. However, these are some of the things that people choose to use to single out others and to subject them to hatred. It is absolutely senseless.
Sadly, hatred seems to have been unleashed by social media—the cabinet secretary made that point in his opening remarks. Hatred has always been there, but there has never been a platform that gives the haters so much protection and allows them to spread their bile unchallenged.
As a woman, I know what hatred looks like. Most women have been subject to misogyny, and have been disregarded, ignored, demeaned, and hated just because they are a woman. Because of that, violence against women is endemic. I welcome that the proposals for a separate offence of misogyny have been accepted, but why do women have to wait for so long for that? Bracadale published his review more than two years ago and we are getting to legislation only now. The Scottish Government is only setting up a working group to look at misogyny, and it is taking far too long.
Being a woman and being subject to misogyny does not lead me to hate or even resent other groups who face similar abuse; it makes me want to make common cause to work with them to stand up against hate crime. That is what we in this Parliament should be doing. We should be trying to build consensus against hatred and promoting tolerance. I believe that we all welcome the Bracadale review and want it to tackle hate crime in our society, but we cannot breed tolerance without knowledge and debate, and freedom of speech must therefore be protected. How else can we debate issues and see each other’s points of view? That is how we find common ground, but we must do it without hatred.
Inciting someone to hatred is altogether different from debate. We all recognise incitement to hatred when we see it. We do not want to shut down debate and simply hear whoever shouts the loudest; rather than creating greater understanding, that closes off other people’s positions.
Those of us who have been subject to hatred have a duty to come together and fight it, and that is where the legislation is welcome. However, as it stands, it is not fit for purpose. It will pitch the very people it sets out to protect against each other.
Part 2 of the bill is where the greatest concern lies. The language and terminology stray into covering behaviour and material that is merely insulting, contrary to the Bracadale review and contrary to what is the case elsewhere in the United Kingdom. It will catch much more than hate crime, and it will breed intolerance and resentment, which is the opposite of what it aims to achieve.
When forming new laws and criminal offences, the Government and Parliament have a duty to ensure that the law is clear and fair, and that it is not open to abuse or manipulation.
Serious concerns have also been raised about the threshold for criminal liability—namely, the lack of intent required for criminalising behaviour or material.
Lord Bracadale’s review recommended extending the “likelihood test” to stirring-up offences related to protected groups other than race.