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Widespread support for robust free speech protections in hate crime bill

Religious Liberty
2 March 2021
Humza Yousaf MSP

Analysis by the campaign group Free to Disagree has highlighted the overwhelming support for stronger free speech protections in the Scottish Government’s hate crime bill.

Following months of wrangling’s over free speech safeguards, the Scottish Government proposed an amendment covering transgender identity, only to withdraw it days later following a backlash from trans activists.

Legislators must draw a clear line between that which is criminal and that which is merely offensive. Good free speech protections will do this, provide guidance to the police and offer reassurance to the public at large.
Jamie Gilles Spokesman for Free to Disagree

It then tabled four alternative options for a ‘catch all’ free speech clause covering all the protected characteristics listed in the hate crime bill: age, disability, race, religion, sexual orientation, transgender identity, and variations in sex characteristics.

There was then a last minute, rushed, four-day consultation allowing organisations and members of the public to respond and comment on the four options.

In total, more than 600 responses were received by the Justice Committee and 185 were published online.

Of the published responses, 157 (84%) stressed the need for stronger safeguards than the one’s on offer, while only 24 were happy with the proposed options.

Jamie Gillies, spokesman for the Free to Disagree campaign said:

“The response to this call for views suggests major disquiet about the shape of freedom of expression provisions in the Hate Crime Bill. The free speech clauses on offer are narrower in scope than they might have been had previous amendments been agreed to, and narrower in some ways than those in the bill as introduced."
Jamie Gilles Free to Disagree

Con­tact MSPs

CARE for Scotland has consistently highlighted the failure of the legislation to adequately address free speech concerns.

In a letter to supporters, Director Dr Stuart Weir said that while positive changes had been made, the big issue was still around protecting freedom of expression.

MSPs are due to debate the Bill at Stage 3 on 10 March. This is the final stage before the Bill becomes law and CARE for Scotland is encouraging people to contact their MSPs about the Bill before next Wednesday.

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