Holyrood, made browsable

Hansard

Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

129
Current MSPs
415
MSPs ever elected
13
Parties on record
2,355,091
Hansard contributions
1999–2026
Coverage span
Official Report

Search Hansard contributions

Clear
Showing 0 of 2,355,091 contributions in session S6, 16 Apr 2026 – 16 May 2026. Latest 30 days: 148. Coverage: 12 May 1999 — 14 May 2026.

No contributions match those filters.

← Back to list
Chamber

Meeting of the Parliament (Hybrid) 11 March 2021

11 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Hate Crime and Public Order (Scotland) Bill
Fraser, Murdo Con Mid Scotland and Fife Watch on SPTV

One of the most disappointing aspects of the debate about the bill is that the fact that there is much in it with which everyone can agree often gets lost. We would all agree that hate crime should be deplored, that it makes sense to consolidate the existing law around aggravators, and that the blasphemy law is a historical anachronism that should be removed from the statute book. However, the debate about the bill has concentrated on part 2 and the creation of new stirring-up offences.

It is no surprise that we have seen heavily divided opinion on part 2, with a broad coalition of voices being raised against what the Scottish Government is proposing. We have seen faith groups, secularists, human rights campaigners, writers, comedians and academics all expressing serious concern about the impact on free speech from what is being proposed.

We know that there are people who want to use the law to close down debate. We saw that in the course of the debate yesterday afternoon. There is no more current example of that issue than in the dispute between trans activists and feminists over the definition of what is a woman or the need to protect women’s spaces. There is a real concern that the legislation that we will pass today will be weaponised by those who want to close down debate and silence those who simply have a different view.

We heard a flavour of that in the debate yesterday afternoon in a chilling contribution by Patrick Harvie in response to a series of speeches by women MSPs, who raised their legitimate concerns about issues in the bill. He seemed to suggest that they verged on the hateful.

We have to be extremely careful in proceeding with the bill. It is only by debating ideas and robustly challenging each other that society is able to advance and reform is achieved.

I think that Liam McArthur said that there is no need for legislation to defend popular opinions. It is opinions that are unpopular that need to be protected. Substantial concerns remain about the impact that the bill will have on those who express views that are not held to be part of the main stream. It seems extraordinary to me that we have got into the position in which, following the rejection of Johann Lamont’s amendments yesterday, the bill now gives more protection to men who dress as women than it does to women themselves.

I recognise that the Cabinet Secretary for Justice has gone to lengths to try to improve the bill. I pay tribute to the excellent work that my good friend Adam Tomkins and his colleagues on the Justice Committee did in the detailed scrutiny of the bill at stage 2. However, within the past few weeks, we have seen the justice secretary running around and convening sessions with stakeholders to try to reach agreement on the terms of free speech amendments to the bill. Amendments were lodged for debate yesterday with just a few days for external consultation and public scrutiny. That is not the way that legislation—particularly legislation that creates new criminal offences—should be introduced.

There is a broader debate about how the Parliament functions and how it can best hold the Executive to account. We have no revising chamber to act as a check on what we might vote for in here. The Justice Committee has done an excellent job with a strong convener, but even its role was limited after the bill passed stage 2.

It seems to me that this is no way to make law. I would have liked to see the Scottish Government withdraw part 2 in its entirety, as Liam Kerr suggested. We would have had unanimity in passing parts 1 and 3 and we would have got good legislation on to the statute book. Then, we could have taken back part 2, in a separate piece of legislation in the next session of Parliament, with time to properly build consensus. Instead we are rushing ahead to publish legislation that might well have deeply damaging unintended consequences, and that is not something that I can support.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
I will go straight on. There is no time in hand; time is tight. I know that members will understand why. The next item of business is a debate on motion S5M...
The Cabinet Secretary for Justice (Humza Yousaf) SNP
For the purposes of rule 9.11 of the standing orders, I advise Parliament that Her Majesty, having been informed of the purport of the Hate Crime and Public ...
Elaine Smith (Central Scotland) (Lab) Lab
I wonder what the cabinet secretary has to say about the fact that, in debating the hate crime bill, I am now being accused of hate crime and could expect to...
Humza Yousaf SNP
Ms Smith will not have the police at her door for anything that she has said on the hate crime bill. I am sorry to hear that she has been the victim of hate....
The Deputy Presiding Officer SNP
I will give you an extra minute for taking an intervention.
Humza Yousaf SNP
Thank you. It is so important to recognise the safeguards in the bill; they are really strong safeguards. A necessary element of the new stirring up of hatr...
The Deputy Presiding Officer SNP
Thank you very much. I am sorry, but I must be very strict with time, because we must go to portfolio questions at half past 2. 13:42
Liam Kerr (North East Scotland) (Con) Con
All noted, Presiding Officer. Today marks the end of a long and tortuous passage for a bill that was introduced almost a year ago. An unprecedented 2,000-pl...
Neil Findlay (Lothian) (Lab) Lab
Will the member take an intervention?
Liam Kerr Con
I really cannot, Mr Findlay—I am sorry. Will James Kelly really vote for a bill that Free to Disagree points out has considerable parallels to the Offensive...
Neil Bibby (West Scotland) (Lab) Lab
I recognise the work of the Parliament’s Justice Committee, and in particular its convener Adam Tomkins and those members who participated in consideration o...
Liam McArthur (Orkney Islands) (LD) LD
I start by again commending Parliament for the rigorous and passionate way in which it conducted its scrutiny of the bill at stage 3 last night. It was, as s...
John Finnie (Highlands and Islands) (Green) Green
I thank everyone who has got us to this point: Lord Bracadale; the cabinet secretary and his team; the convener of the Justice Committee, Adam Tomkins, whose...
The Deputy Presiding Officer SNP
We move to the open debate with speeches of four minutes. 14:01
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
We have reached the final stage of a bill that has generated more attention from the public and in the media than any other piece of legislation during my ti...
Johann Lamont (Glasgow) (Lab) Lab
Is it a regret to Rona Mackay that, at 5 pm this evening, no signal will be sent out about the hate crime that women face day and daily?
The Deputy Presiding Officer SNP
I am afraid that I cannot give you extra time, Ms Mackay. You will have to absorb that in your four minutes—please continue.
Rona Mackay SNP
I will come to that in my speech, if Johann Lamont lets me proceed. Who could argue with protecting minority groups? The bill consolidates and modernises ex...
The Deputy Presiding Officer SNP
I am afraid that you must conclude.
Rona Mackay SNP
I firmly believe that we should let that group do that important work and come to its conclusions.
The Deputy Presiding Officer SNP
I am sorry, but you must stop. I take no pleasure in saying that, but the timetable has been set by the Parliamentary Bureau, and I must keep to it. Please a...
Murdo Fraser (Mid Scotland and Fife) (Con) Con
One of the most disappointing aspects of the debate about the bill is that the fact that there is much in it with which everyone can agree often gets lost. W...
The Deputy Presiding Officer SNP
I call Johann Lamont, to be followed by Shona Robison. Ms Robison will be the last speaker in the open debate. 14:10
Johann Lamont (Glasgow) (Lab) Lab
Thank you very much, Presiding Officer. I will bow to your discipline, although I am not convinced that my speech will be as disciplined as it should be. If ...
The Deputy Presiding Officer SNP
Thank you. I know that members will understand why I extended the time for Ms Lamont, but for the rest of you—no. We move to closing speeches. 14:17
Shona Robison (Dundee City East) (SNP) SNP
I, for one, will support Johann Lamont’s position and I certainly support her right not to vote for the bill for the good reasons that she set out. I would s...
James Kelly (Glasgow) (Lab) Lab
As Neil Bibby and Liam McArthur have said, hate crime is, unfortunately, on the rise in Scotland. From that point of view, robust laws to tackle it are welco...
Adam Tomkins (Glasgow) (Con) Con
I thank Liam McArthur, John Finnie and Rona Mackay for their kind and generous remarks. The Hate Crime and Public Order (Scotland) Bill is a much-changed pi...
Humza Yousaf SNP
I thank members from across the chamber for their thoughtful speeches. I again thank the Justice Committee and its clerks, the Scottish Government team and o...
Johann Lamont Lab
Will the member give way?