Hansard

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 amendments. I suspect that many Conservative members and I will disagree on a number of amendments, but not for one second do I doubt the commitment of Liam Kerr, Adam Tomkins or any Conservative MSP to tackling inequality or hatred in any form. I think that it is important to state that—although I will not do so in every contribution that I make—because the debate has been heated at times, not just in the Parliament but outwith it. I certainly know about that, because I have been the victim of hatred, as many know, and I have had messages of support from members of all parties, which I greatly appreciate.

I turn to the amendments at hand, starting with amendment 6. I confess that I am somewhat surprised that Liam Kerr chose to lodge amendment 6, which would, effectively, strike out the stirring-up offences. It was only a few weeks ago that he lodged an absolutely identical amendment at stage 2 and then, after listening to my very persuasive speech, which it must have been, he was so convinced by my arguments that he voted against it. I very much hope that this will be a case of history repeating itself. Although I commend Liam Kerr’s persistence, if not his confusion, on the issue, I cannot support what I consider to be quite a regressive amendment.

I urge members to wholeheartedly reject amendment 6. I believe that our criminal laws should provide comprehensive protection for our most vulnerable groups in society from the very damaging effects of behaviour that stirs up hatred, through a stand-alone offence that reflects the precise nature and gravity of those effects. The bill’s provisions make it clear that that type of behaviour attracts the particular condemnation of society and that it simply will not be tolerated. Liam Kerr’s amendment 6, unfortunately, disregards the recommendations of the Justice Committee in that area. It would result in Scotland having the weakest protections in the UK in the area of stirring up hatred. In debate, we sometimes forget that stirring-up offences exist across the UK—in England and Wales and in Northern Ireland. If we were to accept Liam Kerr’s amendments, Scotland would have the weakest protection in law, by quite some distance, for those vulnerable communities.

Supporting Liam Kerr’s amendment 6 would send a very damning message to all victims of hate crime. As has been recognised time and again, through the very compelling testimony of stakeholders who represent victims and of victims themselves, behaviour that stirs up hatred can have a really corrosive effect. It can result in entire communities feeling isolated, scared and vulnerable to attack. In the most serious cases, it can directly encourage activity and assault that threaten or endanger life.

Members may well remember the so-called punish a Muslim day in 2018. If I remember correctly, Anas Sarwar raised the issue in the chamber with the First Minister. Leaflets were distributed in schools and workplaces and were put through the doors of mosques, all in order to threaten an entire community. People were to be “awarded points” for pulling off the hijab of a Muslim woman or for pulling the beard of a Muslim man. That was with the intent of frightening, scaring, intimidating and, at its worst, assaulting and endangering the lives of the Muslim community. Muslims were frightened; I know that not just from my personal experience but from speaking to that community often. They feared for their safety. Some of them took a day off work; some felt that they had to keep their kids off school; some did not attend their university or college—all because they feared attack for no reason other than their faith. If we accepted Liam Kerr’s amendment, we would not be giving the protection in law that an entire community—such as the Muslim community during punish a Muslim day—so well deserves.

In short, I hope that members will stand shoulder to shoulder with victims of hate crime and will vote against amendment 6, which, if agreed to, would send a very harmful message to the people of Scotland.

Amendments 7 to 10, 15 and 31, in the name of Liam Kerr, are largely consequential to amendment 6, so I ask members to reject those amendments, too.

I turn to the various amendments that would introduce a dwelling defence or public element to the offences of stirring up hatred. Amendment 5 was lodged by Adam Tomkins. I appreciate the Justice Committee convener’s engagement with me on the bill and in particular on this issue, which has genuinely exercised him since the bill’s introduction. Amendment 5 would introduce a statutory defence for people who commit offences of stirring up hatred under section 3, where such offending behaviour occurs “wholly in private” and there is “no public element” to it. Similar amendments were lodged by Liam Kerr at stage 2 and heavily defeated; all members, with the exception of the Scottish Conservatives, voted against them.

I listened carefully to what Adam Tomkins said. He rightly highlighted the dangers of vagueness and the bill not being specific enough about how the criminal law would operate. However, I take issue with the characterisation that somehow the offences as they are provided for in the bill—much improved as they have been during the scrutiny process—are vague.