Hate Crime and Public Order (Scotland) Act 2021

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Hate Crime and Public Order (Scotland) Act 2021
Act of Parliament
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Scottish Parliament
Long title An Act of the Scottish Parliament to make provision about the aggravation of offences by prejudice; to make provision about an offence of racially aggravated harassment; to make provision about offences relating to stirring up hatred against a group of persons; to abolish the common law offence of blasphemy; and for connected purposes.
Citation Hate Crime and Public Order (Scotland) Act 2021 asp 14
Territorial extent Scotland
Dates
Royal assent 23 April 2021 (2021-04-23)
Commencement 1 April 2024
Other legislation
Repeals/revokes
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Hate Crime and Public Order (Scotland) Act 2021 is an Act of the Scottish Parliament.

Contents

Background

The Hate Crime and Public Order (Scotland) Bill was introduced to the Scottish Parliament in April 2020, following an independent review of Scotland's hate crime legislation carried out by Lord Bracadale, which recommended consolidation of all hate crime law into one bill. [1] The bill was controversial, with opponents saying it could stifle freedom of speech. One concern was the potential for the act to be used to prosecute author J. K. Rowling for "expressing her concerns about the impact of trans rights on women". [2] The Scottish Police Federation and the Law Society of Scotland expressed concerns over the threat the bill posed to freedom of expression. [3]

The final vote on the bill was delayed by a day after a number of amendments were proposed. [4] The bill passed on 11 March 2021, with 82 votes in favour, 32 votes against, and 4 abstentions. [5] The act came into force on 1 April 2024. [6] [7]

Reaction

Upon implementation on 1 April 2024, the act was met with criticism from high-profile celebrities such as J. K. Rowling and Elon Musk. [8] Both are concerned over its impact on freedom of speech. The Scottish Police Federation expected numerous complaints over social media. Siobhian Brown said: "I think there has been a lot of misinformation" surrounding the policies of the act.

Opponents of the act have claimed Scottish First Minister Humza Yousef, who introduced the law to the Scottish Parliament, violated the act himself when he made an "anti-white" speech before the Scottish Parliament in 2020. Police Scotland received more than 1,000 reports about Yousaf in the first week the act was in effect, but said in a statement that no violation of the act had occurred. Police Scotland were required to record the speech as a "non-criminal hate incident", however, in which Yousaf would be named. In a HARDTalk interview, Yousaf claimed "I've not seen anybody who's described [the speech] that way that isn't, frankly, part of the far-right". In response, many users on social media suggested Yousaf was above his own law. [ citation needed ]

On the first day the law came into force, author and philanthropist J. K. Rowling posted a series of tweets about ten high-profile trans women, including convicted double rapist Isla Bryson, Andrew Miller, a trans woman who abducted a young girl in the Scottish Borders while "dressed as a woman", Mridul Wadhwa, of the Edinburgh Rape Crisis Centre and Katie Dolatowski, "a trans paedophile who sexually assaulted a 10-year-old girl in the toilet" of a supermarket in Kirkcaldy, Fife. [9] [10] [11] Her final post said, "🎉🌼🌸April Fools! 🌸🌼🎉 Only kidding. Obviously, the people mentioned in the above tweets aren't women at all, but men, every last one of them." She followed this with her concerns about the act, saying, "It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault on women's and girls' rights, unless we are allowed to call a man a man." She concluded by saying, "I'm currently out of the country, but if what I've written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment." Prime Minister Rishi Sunak defended Rowling, saying, "People should not be criminalised for stating simple facts on biology." [12]

On 2 April 2024, Police Scotland said Rowling's comments on social media "were not criminal and the force will not be taking action." [13] [14] Police Scotland logged more than 3,000 complaints in the first 48 hours of the hate crime law coming into force, saying they would investigate every report made under the law. [15] Roddy Dunlop KC, dean of the Faculty of Advocates, explained that "the bar for prosecution, let alone conviction, is high — and I doubt we will see many of either. The problem is more likely to lie in the police being swamped with reports, and what happens in terms of recording" [15] The law will force police to make cuts as staff work overtime to deal with the volume of complaints with the chairman of the Scottish Police Federation saying: "At some point in the next financial year, the police service will not do something because of the demand that it's being placed under now." [16]

Supporters of the act maintain the legislation has safeguards to protect freedom of speech. It is also the first act to list age as a characteristic. Age Scotland said "it's going to be a positive thing for the country".[ citation needed ] However, other aspects have attracted criticism. For Women Scotland opposed the act's stance on gender identity. Some members of the transgender community have, on the other hand, stated that the laws are not harsh enough on transphobia.[ citation needed ]

Despite the opposition, the Scottish National Party have reiterated their support for the act. Humza Yousaf defended the act by saying it "absolutely protects people in their freedom of expression" while guarding "people from a rising tide of hatred that we've seen far too often in our society". The act also received support from MSPs from Scottish Labour and the Scottish Liberal Democrats. [17] Police Scotland have also pledged to investigate every hate crime complaint they receive. Historically, police forces across the United Kingdom have attracted scrutiny for the way in which they record hate crimes where no charges are brought.[ citation needed ]

There are fears that the legislation will lead to a strict enforcement of self-censorship. Several feminist groups have argued the absence of sex as a characteristic leaves women vulnerable to hate crimes. [18]

Act

The legislation broadens the scope of the existing offence of stirring up hatred. Since the Public Order Act 1986, this offence has applied to racial hatred. The act extends the scope to the following characteristics: age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics sometimes known as being intersex. [19]

In England, the Racial and Religious Hatred Act 2006 extended the offence to religion and the Criminal Justice and Immigration Act 2008 extended it to sexual orientation. [19]

The act abolishes the offence of blasphemy, which had not been prosecuted in Scotland for more than 175 years. [1]

Related Research Articles

A hate crime is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.

<span class="mw-page-title-main">J. K. Rowling</span> British author and philanthropist (born 1965)

Joanne Rowling ; born 31 July 1965), better known by her pen name J. K. Rowling, is a British author and philanthropist. She wrote Harry Potter, a seven-volume fantasy series published from 1997 to 2007. The series has sold over 600 million copies, been translated into 84 languages, and spawned a global media franchise including films and video games. The Casual Vacancy (2012) was her first novel for adults. She writes Cormoran Strike, an ongoing crime fiction series, under the alias Robert Galbraith.

<span class="mw-page-title-main">Michael Matheson (politician)</span> Scottish politician (born 1970)

Michael Stephen Matheson is a Scottish politician who has been a Member of the Scottish Parliament (MSP) since 1999, first representing the Central Scotland region and, since 2007, the Falkirk West constituency. Matheson previously served in the Scottish government as Cabinet Secretary for NHS Recovery, Health and Social Care from 2023 to 2024, Cabinet Secretary for Net Zero, Energy and Transport from 2018 to 2023, and Cabinet Secretary for Justice from 2014 to 2018.

<span class="mw-page-title-main">Serious Organised Crime and Police Act 2005</span> United Kingdom legislation

The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given royal assent on 7 April 2005.

<span class="mw-page-title-main">Racial and Religious Hatred Act 2006</span> United Kingdom legislation

The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">Public Order Act 1986</span> United Kingdom legislation

The Public Order Act 1986 is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations of the Law Commission.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

The use of symbols of the Nazi Party and Nazi Germany (1933–1945) is currently subject to legal restrictions in a number of countries, such as Austria, Brazil, Czech Republic, France, Germany, Hungary, Israel, Poland, Russia, Ukraine and other countries.

Hate speech laws in England and Wales are found in several statutes, and differ slightly from the laws adopted in Scotland. Expressions of hatred toward someone on account of that person's colour, race, sex, disability, nationality, ethnic or national origin, religion, gender reassignment, or sexual orientation is forbidden. Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both.

<span class="mw-page-title-main">Humza Yousaf</span> First Minister of Scotland since 2023

Humza Haroon Yousaf is a Scottish politician who has served as First Minister of Scotland and Leader of the Scottish National Party (SNP) since March 2023. He served under his predecessor Nicola Sturgeon as justice secretary from 2018 to 2021 and then as health secretary from 2021 to 2023. He has been Member of the Scottish Parliament (MSP) for Glasgow Pollok since 2016, having previously been a regional MSP for Glasgow from 2011 to 2016.

<span class="mw-page-title-main">Political views of J. K. Rowling</span>

British author J. K. Rowling, writer of Harry Potter and other Wizarding World works, has garnered attention for her support of the Labour Party under Gordon Brown and her criticism of the party under Jeremy Corbyn, as well as her opposition to the Republican Party under Donald Trump. She opposed Scottish independence in a 2014 referendum and Brexit during the 2016 referendum to leave the European Union.

<span class="mw-page-title-main">Transgender rights in the United Kingdom</span>

Transgender rights in the United Kingdom have varied significantly over time, with transgender Britons facing facing certain social challenges not experienced by non-trans individuals. These include various laws and public attitudes in regards to identity documents, as well as anti-discrimination measures used by or pertaining to transgender people, in the areas of employment, education, housing and social services, amongst others.

Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".

<span class="mw-page-title-main">For Women Scotland</span> Scottish feminist advocacy group

For Women Scotland (FWS) is a Scottish campaign group that opposes proposed reforms allowing individuals to change their recorded sex in legal documents by means of self-declaration. The group campaigns against changes to transgender rights and has been described as anti-trans, as trans-exclusionary radical feminist, and as a "gender-critical feminist group".

<span class="mw-page-title-main">Kellie-Jay Keen-Minshull</span> British anti–transgender rights activist (born 1974/1975)

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Beira's Place is a Scotland-based private support service for victims of sexual violence. Founded in 2022 by J. K. Rowling, the organisation describes itself as a "women-only service", and does not hire or provide services to transgender women.

Events from the year 2023 in Scotland.

<span class="mw-page-title-main">Premiership of Humza Yousaf</span> Period of Scottish governance since 2023

Humza Yousaf's term as first minister of Scotland began on 29 March 2023 when he was formally sworn into office at the Court of Session. Yousaf's election as leader of the Scottish National Party (SNP) followed Nicola Sturgeon's announcement on 15 February that she would resign as leader and first minister.

Events from the year 2024 in Scotland.

References

  1. 1 2 UKOpenGovernmentLicence.svg  This article incorporates text published under the British Open Government Licence : "Hate Crime Bill passed". Scottish Government . 11 March 2021. Archived from the original on 30 May 2021. Retrieved 1 September 2021.
  2. ↑ "Why is Scotland's Hate Crime Bill so controversial?". BBC News . 15 December 2020. Archived from the original on 13 August 2021. Retrieved 1 September 2021.
  3. ↑ "New Scottish hate crime laws 'could devastate legitimacy of police'". BBC News . 28 July 2020. Archived from the original on 14 May 2021. Retrieved 1 September 2021.
  4. ↑ "Hate crime vote delayed after marathon Holyrood debate". BBC News . 10 March 2021. Archived from the original on 16 March 2021. Retrieved 1 September 2021.
  5. ↑ "MSPs approve Scotland's controversial hate crime law". BBC News . 11 March 2021. Archived from the original on 15 August 2021. Retrieved 1 September 2021.
  6. ↑ Amery, Rachel (13 March 2024). "Hate crime law: Glasgow LGBT+ sex shop designated official reporting centre for controversial new laws" . Retrieved 13 March 2024.
  7. ↑ "The Hate Crime and Public Order (Scotland) Act 2021 (Commencement and Transitional Provision) Regulations 2024" . Retrieved 19 March 2024.
  8. ↑ Musk, Elon [@elonmusk] (1 April 2024). "!" (Tweet) – via Twitter.
  9. ↑ Johnson, Simon (1 April 2024). "JK Rowling dares police to arrest her over SNP's new hate crime law". The Telegraph . Retrieved 1 April 2024.
  10. ↑ Cook, James; Hastie, Paul (1 April 2024). "JK Rowling in 'arrest me' challenge over hate crime law". BBC News . Retrieved 2 April 2024.
  11. ↑ Leask, David; Beal, James (1 April 2024). "JK Rowling challenges police: Arrest me under Scottish hate crime law". The Times . Retrieved 2 April 2024.
  12. ↑ Johnson, Simon; Martin, Daniel (1 April 2024). "Sunak backs JK Rowling in trans arrest row with Scottish police". The Telegraph . Retrieved 1 April 2024.
  13. ↑ "Police Scotland will not investigate JK Rowling over hate crime law row". ITV News . 2 April 2024. Retrieved 2 April 2024.
  14. ↑ Bonar, Megan; Scott, Katy (2 April 2024). "JK Rowling hate law posts not criminal, police say". BBC News . Retrieved 2 April 2024.
  15. 1 2 Boothman, John (2 April 2024). "JK Rowling will not face prosecution under Scotland hate crime law". The Times . Retrieved 2 April 2024.
  16. ↑ Simpson, Craig (6 April 2024). "Scotland's hate crime law will force police to make cuts, warn senior officers". The Telegraph. ISSN   0307-1235 . Retrieved 6 April 2024.
  17. ↑ "Scotland's first minister defends Hate Crime Act amid barrage of criticism". The Guardian . 1 April 2024. Retrieved 2 April 2024.
  18. ↑ "Scotland's new hate crime law comes into force". BBC News. 1 April 2024. Retrieved 1 April 2024.
  19. 1 2 Brooks, Libby (21 March 2024). "Humza Yousaf criticises 'disinformation' over new Scottish hate crime law". The Guardian. ISSN   0261-3077 . Retrieved 22 March 2024.

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