Meeting of the Parliament (Hybrid)10 March 2021
Labour will support all the amendments in the group. As Johann Lamont and Pauline McNeill said, in his review of existing hate crime legislation, Lord Bracadale recommended that we introduce sex as a protected characteristic in the bill, and he said that the decision not to include it was “perhaps a missed opportunity.”
I note the concerns of many, including the Scottish Government, on the issue, and that the Justice Committee, in its stage 1 report, said that the arguments are “finely balanced”.
The establishment of the working group on misogynistic harassment, chaired by Baroness Helena Kennedy QC, is important, and we will follow its work closely. We welcome the commitment to publish a report within 12 months, and we hope that it will not take three years. However, as Pauline McNeill said, we worry that there will be a gap in the legislation for those 12 months if we do not include a sex aggravator in the bill, and we worry about the time that it will take for further legislation to be enacted.
As others have said, women are subjected to hate because of their sex, and I am concerned, as other members are, that not only is there a gap in the legislation, but that we might send the message that women are less deserving of the protections that are afforded by the bill from the hate crimes that they experience.
The Government suggests that a sex aggravator can be added later, pending the working group’s conclusions, but the reverse is also true. Any primary legislation that results from the working group’s conclusions could remove or replace the sex aggravator if consensus on a preferred alternative can be found.
Amendment 4 would add sex as an aggravator and would allow courts to record offences as having been aggravated by “malice and ill-will” towards the victim because of their sex.
Amendment 17 provides the definition of sex, as it is defined in the Equality Act 2010, for the purposes of amendment 4. Amendments 21 and 26 are incidental to amendments 4 and 17.
For those reasons, Labour will support all the amendments in the group, and I urge the cabinet secretary and other members to support them, too.