Scottish Government launches consultation on hate crime legislation

Police Scotland - Image credit: Ninian Reid via Flickr

A consultation on possible changes to hate crime legislation has been launched by the Scottish Government.

The consultation calls for views on how to tackle misogyny and gender-based prejudice, as well as sectarianism.

Earlier this week the Working Group on Defining Sectarianism in Scots Law published its findings, which included a recommendation for sectarianism to be defined in criminal law in Scotland.

Public responses to the consultation will inform the development of a hate crime bill which will be laid before Holyrood later in this session of Parliament.

The consultation on hate crime, called ‘One Scotland: Hate Has No Home Here’, follows Lord Bracadale’s review of hate crime legislation in Scotland, which included recommendations that new statutory aggravations should be created for age and gender.  

The Scottish Government has since suggested that it may create a standalone crime of misogyny.

Cabinet Secretary for Justice Humza Yousaf said: “Hate crime and prejudice are completely unacceptable and we are absolutely committed to tackling them.

“Following Lord Bracadale’s review we now want to hear the nation’s view on what our hate crime law should look like.

“The public’s voice is absolutely crucial in this process and we are determined to take this opportunity to shape our legislation so that it is fit for 21st century Scotland.

“We know that legislation in itself is not enough to build the inclusive Scotland we want and aspire to, but having robust law in place is vital so that it is clear to all that this kind of behaviour is not acceptable in society.”

The Lord Advocate, James Wolffe, added: “Crime motivated by hatred is not only a wrong against the individual, but it is an affront to our collective values as a community, creating division and fear.

“This is why we treat hate crime so seriously and why, as Scotland’s independent public prosecution service, the Crown Office and Procurator Fiscal Service, will continue to do so.

“We are committed to tackling hate crime.”

The consultation can be filled in online until 24 February 2019.

In addition, there will be a series of public meetings around Scotland in December and January to allow people to give views in person.

However, the Humanist Society said the consultation was a “missed opportunity” to get rid of blasphemy laws.

Humanist Society Scotland chief executive Gordon MacRae said: "The proposals as set out in the consultation are a missed opportunity for Scotland to close the centuries outdated law of blasphemy in Scots law.

“At a time when the world’s attention has been heightened at the appealing treatment of Asia Bibi in Pakistan, the Scottish Government could have sent a strong message by simply scrapping the common law offence.

 "Scotland will instead retain the embarrassment of being one of the last European nations to retain such a law on its books after Ireland voted by referendum to remove a similar restriction earlier this month.

“We will also be pushing for better protection for apostates under any forthcoming hate crime legislation which is currently missing from the proposals."