Question reference: S5W-29827
- 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 proposed extension of protected characteristics in the Hate Crime and Public Order (Scotland) Bill, 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 extension of the characteristics protected 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 recommending the extension of characteristics protected in Scotland’s hate crime legislative framework, Lord Bracadale highlighted why it is important that the criminal law is capable of dealing with hate crime in a way which is distinct from offending which does not have an element of prejudice related to identity. Hate crime legislation helps recognise the particular impact and harm caused by hate crime, making it clear that such behaviour is not acceptable and that it will not be tolerated.
With these principles in mind the Hate Crime and Public Order (Scotland) Bill thus provides for the modernising, consolidating and extending of hate crime legislation in Scotland.