Chamber
Meeting of the Parliament 16 April 2024
16 Apr 2024 · S6 · Meeting of the Parliament
Item of business
Hate Crime and Public Order (Scotland) Act 2021 (Implementation)
I thank the cabinet secretary for advance sight of her statement.
Police Scotland has been bombarded with almost 9,000 reports because of Humza Yousaf’s hate crime law—a law that threatens free speech, and which is critically different from competent legislation elsewhere in the UK, despite the Scottish National Party spin that we have just heard. The vast majority of those 9,000 reports are not of crimes; despite the SNP’s best efforts, Scotland is not suffering from a hate epidemic—it is suffering from bad SNP legislation.
The cabinet secretary talks about “misinformation”—what an absolute brass neck. The misinformation has come from her Government, including from Humza Yousaf and the Minister for Victims and Community Safety. They misquote their own legislation, confusing the public and fuelling even more complaints to the police. Police officers are paying the price for this absolute shambles, as a new HM Inspectorate of Constabulary in Scotland report confirms. They already feel “unsafe” and unable to do their jobs, yet the SNP is now ordering those exhausted police officers to police our speech.
The Government was repeatedly warned that its law was unworkable and would be weaponised. It did not listen to us, or to anyone else, and neither did Labour or the Lib Dems. Will it now listen, admit that it got it wrong and back our demand to scrap Humza Yousaf’s hate crime law?
In the same item of business
The Presiding Officer (Alison Johnstone)
NPA
The next item of business is a statement by Angela Constance on implementation of the Hate Crime and Public Order (Scotland) Act 2021. The cabinet secretary ...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
I would like to provide Parliament with an update on the Hate Crime and Public Order (Scotland) Act 2021. After the commentary that we have seen since the ac...
The Presiding Officer
NPA
The cabinet secretary will now take questions on the issues that have been raised in her statement. I intend to allow around 20 minutes for questions, after ...
Russell Findlay (West Scotland) (Con)
Con
I thank the cabinet secretary for advance sight of her statement. Police Scotland has been bombarded with almost 9,000 reports because of Humza Yousaf’s hat...
Angela Constance
SNP
Bearing in mind that we want a debate that is rooted in facts and respect, I respectfully remind Mr Findlay that it is this Parliament’s hate crime legislati...
Katy Clark (West Scotland) (Lab)
Lab
Does the cabinet secretary accept that the first few days of the implementation of the act have been a shambles, that poor communication has led to confusion...
Angela Constance
SNP
Let me reiterate what I said in my statement. I consider that the Scottish Government could have done more to communicate what the act is about and—crucially...
The Presiding Officer
NPA
I am keen to get in as many members as possible and to protect time for the next item of business. I call Audrey Nicoll, to be followed by Sharon Dowey. I as...
Audrey Nicoll (Aberdeen South and North Kincardine) (SNP)
SNP
The Conservatives want to repeal the Hate Crime and Public Order (Scotland) Act 2021. Does the cabinet secretary believe that Douglas Ross, as an MP, should ...
The Presiding Officer
NPA
I ask the cabinet secretary to take her seat. It is quite clear that the questions should be on issues that have been raised in the statement, so I will move...
Sharon Dowey (South Scotland) (Con)
Con
Although the Scottish Government has spent £400,000 on advertising its new hate crime legislation, the public and the police still lack clarity on the defini...
Angela Constance
SNP
I really wish that the Conservatives would make up their minds on what they want. On the one hand, they want more information and communication but, on the o...
John Swinney (Perthshire North) (SNP)
SNP
Given that thresholds relating to the stirring up of racial hatred have been in place in legislation for more than 40 years in Scotland, what approach is ens...
Angela Constance
SNP
The hate crime legislation that has been passed by this Parliament takes a tougher approach. A racial hatred offence has been in place across the UK since 19...
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
As a member of the Justice Committee in the previous parliamentary session, I had a detailed discussion with Lord Bracadale following the publication of his ...
Angela Constance
SNP
I recall that Daniel Johnson was very active in shaping the 2021 act and was one of the members who, on a cross-party basis, lodged a high number of amendmen...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
During the past few weeks, the people whose voices have been drowned out by Tory misinformation regarding the Hate Crime and Public Order (Scotland) Act 2021...
Angela Constance
SNP
The 2021 act provides greater protections because it extends the stirring up of hatred offence to all characteristics that are protected, as outlined in the ...
Liam McArthur (Orkney Islands) (LD)
LD
I thank the cabinet secretary for early sight of her statement and I welcome the acknowledgement that preparation for implementation of the law has fallen sh...
Angela Constance
SNP
I reassure Mr McArthur and other members that I am absolutely committed to introducing a misogyny bill as soon as possible. That is a very important commitme...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
For the most part, the 2021 act consolidates hate crime legislation in one place. Is the effect of the act to properly recognise that crimes against public o...
Angela Constance
SNP
That is absolutely the case. The 2021 act outlines that the offences that are covered in the legislation are hate crimes and are not acceptable. Understanda...
Maggie Chapman (North East Scotland) (Green)
Green
In the first week since the 2021 act’s implementation, Police Scotland indicated that only 3.8 per cent of the allegations that were received were authentic—...
Angela Constance
SNP
I strongly believe that the information that Police Scotland has published—with respect to the calls that it received in the first few weeks of implementatio...
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
Can the cabinet secretary provide any clarity as to where Police Scotland’s policy now sits in relation to recording of non-crime hate incidents? I have been...
Angela Constance
SNP
Mr Fraser’s having published the letter that he wrote to the chair of the Scottish Police Authority and, helpfully, the reply that he received from the chair...
Murdo Fraser
Con
No, it does not.
Angela Constance
SNP
When we are trying to generate less heat and more light in the debate, all that happens is that Tory members decide to barrack from the back row—Interruption...
The Presiding Officer
NPA
Let us hear the cabinet secretary.
Angela Constance
SNP
I understand and support the need for citizens to have clarity about what information may or may not be held about them and how information may or may not be...