Question reference: S5W-29826
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
- Date lodged: 10 June 2020
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Current status: Answered by Humza Yousaf on 24 June 2020
Question
To ask the Scottish Government, other than that set out in the findings of the Independent Review of Hate Crime Legislation in Scotland in 2018 and the responses to the 2019 hate crime consultation, what evidence it has to support the expansion of the "stirring up hatred" offences in the Hate Crime and Public Order (Scotland) Bill to cover all protected characteristics and not just race, and whether it will place a copy of this in the Scottish Parliament Information Centre (SPICe).
Answer
The published policy memorandum which accompanies the Hate Crime and Public Order (Scotland) Bill details the Scottish Government’s reasoning for the proposed expansion of the "stirring up hatred “offences to cover all the listed characteristics covered by the Bill and the evidence which was taken into account to inform this decision.
This includes the responses to the 2019 consultation on amending Scottish hate crime legislation and the published findings of Lord Bracadale’s Independent Review of Hate Crime Legislation in Scotland, which was itself informed by a wide range of sources including independent expert advice, academic research and learning, and extensive consultation.
In considering which characteristics should be included in any extension of stirring up offences, Lord Bracadale noted that in 2007 and 2010 the then UK Government introduced stirring up hatred offences in England and Wales to cover religion and sexual orientation respectively.
In recommending that stirring up hatred offences should be introduced in respect of all characteristics covered by the Bill, Lord Bracadale recognised the distinct nature of stirring up hatred offences and the special capacity for harm that they may cause. Stirring up hatred can contribute to an atmosphere in which prejudice and discrimination are accepted as normal. It can result in entire communities feeling isolated, scared and vulnerable to attack. In the most serious cases, the effect can be that it directly encourages activity which threatens or endangers life. The Scottish Government considers it is vital, therefore, that the criminal law protects people from this type of offending behaviour.
The proposed expansion of the stirring up hatred offences are supported by a wide range of stakeholders including equality groups and a number of faith and belief organisations.