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Chamber

Meeting of the Parliament (Hybrid)10 March 2021

10 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Hate Crime and Public Order (Scotland) Bill: Stage 3

I will speak to the amendments in Johann Lamont’s name in group 1, and I thank Johann Lamont for lodging them so that we can debate what I and many women regard as a very serious omission from the bill.

Sex is a characteristic that matters when it comes to understanding levels of violence, which is why hundreds of women have written to me and pleaded for the inclusion of sex as an aggravator in law. Many women constituents are not prepared to wait three years for a working group, and I wonder why the Scottish Government is so convinced of that route in the midst of daily reports of male violence against women.

According to the World Health Organization, one in three women have faced physical or sexual violence in their life. That is why we have 16 days of action for women and girls who face human trafficking, female genital mutilation, rape, murder, forced prostitution, sexual violence and intimate partner violence. The Parliament has involvement in 16 days of action to amplify the voices of women.

I wonder why Scotland is not leading on the issue. Women are regularly the target of offending behaviour based on hostility towards their sex, and it is now well established that women in public life face much higher levels of online abuse than men, which has consequences for their participation. The proposal to add age to the hate crime protected characteristics leaves sex as the main characteristic that would not be protected but is included in the 2010 act. It is a glaring omission and I do not understand why the Scottish Government is asking women to wait for three years. The longer the law is unchanged, the more the message is reinforced that this is not something that is a priority for the Parliament, and it perhaps reinforces fears that women have.

If it was the committee’s view and Lord Bracadale’s view—and, as I have said, the view of hundreds of women—that sex as an aggravator should be included in the hate crime bill, why is that not good enough? I do not understand that, either. Why is Lord Bracadale not good enough but Helena Kennedy and the working group are? It does not make any sense to me to that one legal opinion is rejected as the one that is not wanted. That concerns me deeply.

I have two questions for the cabinet secretary. It would be helpful to know what kind of new law he thinks would include a standalone crime of misogynistic harassment. What would that look like and how would it differ from domestic violence and all the violent crimes that I have outlined? I am genuinely struggling to see what such a crime would look like, since women are already the victims of a range of crimes.

Why can the Scottish Government not put sex as an aggravator in the bill, but still have a working group three years later? If the argument is that if the working group thinks that it should go in the legislation, the Government will include it at that point, surely it could put it in now. If Helena Kennedy takes a different view, we could then change the law. I urge the Parliament to think seriously about omitting sex as an aggravator in a bill about hate crime.

The bill is one of the last pieces of legislation to be dealt with in this parliamentary session, and I urge members to seriously consider voting in favour of the amendments in this group.

16:15  

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
The next item is stage 3 proceedings on the Hate Crime and Public Order (Scotland) Bill. In dealing with the amendments, members should have with them the bi...
The Presiding Officer NPA
Group 1 is on characteristic of sex. Amendment 4, in the name of Johann Lamont, is grouped with amendments 17, 21 and 26.
Johann Lamont (Glasgow) (Lab) Lab
I have issued a detailed letter to all MSPs, outlining the thinking behind all my amendments, and I trust that colleagues have found that useful. I place on ...
Pauline McNeill (Glasgow) (Lab) Lab
I will speak to the amendments in Johann Lamont’s name in group 1, and I thank Johann Lamont for lodging them so that we can debate what I and many women reg...
Joan McAlpine (South Scotland) (SNP) SNP
A YouGov poll for UN Women UK that was published this week found that nearly every young woman in the United Kingdom had suffered sexual harassment. Claire B...
Elaine Smith (Central Scotland) (Lab) Lab
I will make a short intervention in support of the amendments in group 1 that have been lodged by Johann Lamont. Over the past few weeks, members from acros...
John Finnie (Highlands and Islands) (Green) Green
This is an important debate and I do not wish to silence anyone’s voices. There are important issues at stake here and it is right that that is reflected in ...
Elaine Smith Lab
On a point of order, Presiding Officer. It is unfortunate that, given the way in which the Parliament has to operate during the Covid pandemic, there is no w...
The Presiding Officer NPA
Thank you, Ms Smith. The point of order relating to proceedings is accurate, in the sense that debates and discussions in which members participate online ar...
Neil Bibby (West Scotland) (Lab) Lab
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 Bracad...
Annabelle Ewing (Cowdenbeath) (SNP) SNP
As a member of the Justice Committee—I should say that I am also a member of the Law Society of Scotland—I have had the opportunity to consider the copious a...
Johann Lamont Lab
Does Annabelle Ewing agree that the women’s groups that argue against the sex aggravator on that basis welcomed the Domestic Abuse (Scotland) Act 2018, which...
Annabelle Ewing SNP
I think that we all welcomed the 2018 act, which is, indeed, the gold standard and something that the Parliament and the Scottish Government can be very prou...
The Presiding Officer NPA
I call the Cabinet Secretary for Justice, Humza Yousaf.
The Cabinet Secretary for Justice (Humza Yousaf) SNP
I start by thanking Johann Lamont and all those members who have spoken to her amendments. Although I am about to explain in detail why the Government will n...
The Presiding Officer NPA
Before I invite Johann Lamont to wind up on the group, I notice that Pauline McNeill has requested to speak, so I will bring her in.
Pauline McNeill Lab
Thank you, Presiding Officer. I asked the cabinet secretary a number of questions. Many commentators have concerns about the length of time that his approach...
Humza Yousaf SNP
I thank Pauline McNeill for that and I thank you, Presiding Officer, for facilitating that intervention. On the reason why we should not include a sex aggra...
The Presiding Officer NPA
I call Johann Lamont to wind up on the group.
Johann Lamont Lab
Thank you, Presiding Officer. You will appreciate that there are quite a significant number of areas that I want to get through. I have asked why we would a...
The Presiding Officer NPA
The question is, that amendment 4 be agreed to. Are we agreed? Members: No.
The Presiding Officer NPA
There will be a division. As this is the first division of the afternoon, I will suspend the meeting for five minutes to summon members to the chamber and to...
The Presiding Officer NPA
We come to the division on amendment 4, in the name of Johann Lamont. Members may cast their votes now. The vote is now closed. Please let me know if you ha...
The Presiding Officer NPA
The result of the division on amendment 4, in the name of Johann Lamont, is: For 53, Against 68, Abstentions 0. Amendment 4 disagreed to. Section 3—Offence...
The Presiding Officer NPA
Group 2 is on the threshold for and operation of offences relating to stirring up hatred. Before I call the first amendment, in the name of Liam Kerr, as we ...
Liam Kerr (North East Scotland) (Con) Con
My amendments in group 2 are split into two broad principles, and I will speak to each in turn. Amendments 32 and 33 try to protect the right to private and...
Humza Yousaf SNP
I have a simple question for Mr Kerr. If I were to be beaten up because of the colour of my skin, does he think that I would care whether that hatred had bee...
Liam Kerr Con
No—of course it would not. However, here we are talking about the dwelling defence and how we protect people from hate speech that might happen around their ...
Adam Tomkins (Glasgow) (Con) Con
It has been clear for months that, notwithstanding all the criticisms that have been made about the Hate Crime and Public Order (Scotland) Bill, a majority o...
Humza Yousaf SNP
I will speak to the amendments in group 2, beginning with amendment 6. However, I will start in the same place as I did in my response to Johann Lamont’s ame...