Down the biffy
2024-04-03 18:30:33 UTC
Scotlands first minister has described his new hate crime law as
absolutely balanced on the day the controversial legislation came into
force amid a barrage of criticism.
Humza Yousafs comments came as David Kennedy, the general secretary of
the Scottish Police Federation, said enforcing the Hate Crime and Public
Order (Scotland) Act 2021 would reduce public trust in policing and the
author JK Rowling, a prominent critic of the legislation, dared the police
to arrest her for misgendering.
The Scottish government has consistently said that misgendering a
transgender person is not criminalised by the new law.
Yousaf said the legislation, which is intended to consolidate existing
hate crime laws, absolutely protects people in their freedom of
expression while guarding people from a rising tide of hatred that weve
seen far too often in our society.
The act, which was supported by MSPs from Scottish Labour and Scottish
Liberal Democrats as well as the Scottish National party, also creates a
new offence of threatening or abusive behaviour that is intended to stir
up hatred on the grounds of age, disability, religion, sexual
orientation, transgender identity and variations in sex characteristics.
The legislation has been criticised for not including sex in the list of
protected characteristics, but the Scottish government plans to create a
standalone offence to tackle misogynist abuse.
There have been escalating concerns about how the law will be policed and
how it could affect freedom of speech, with fears the legislation could be
used maliciously against certain groups for expressing their opinions, in
particular gender-critical feminists.
But Yousaf said officers had been policing hate offences very sensibly
for decades, for example the offence of stirring up of racial hatred,
which has been in place UK-wide since 1986.
Unless your behaviour is threatening or abusive and intends to stir up
hatred, then you have nothing to worry about in terms of the new offences
being created, he added.
Earlier on Monday, Kennedy told BBC Radio 4s Today programme that the
law, which requires officers to assess emotive subjects such as online
misgendering, would cause havoc with trust in police in Scotland and
would certainly reduce it,
In common with many critics who have raised concerns about the
legislations lack of clarity, Kennedy said he thought it would have to be
tested in the appeal courts before the real elements of the act and how
they should be interpreted in law come into fruition.
He added that at a time of diminishing officer numbers, Police Scotland
had been allocated no extra money to provide training, and that
preparation was limited to a two-hour online module.
Rowling challenged the new law in a lengthy thread on X, saying the
legislation was wide open to abuse after listing sex offenders who have
described themselves as transgender alongside well-known trans women
activists, describing them as men, every last one of them.
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 womens and girls rights, unless we are allowed to
call a man a man. Freedom of speech and belief are at an end in Scotland
if the accurate description of biological sex is deemed criminal, she
wrote.
Police Scotland said it had not received any complaints regarding the
post.
A demonstration against the legislation outside the Holyrood parliament on
Monday was led by the campaign group Scottish Union for Education, which
also opposes the inclusion of transgender and race equality in the school
curriculum. The protest was supported by the Scottish Family party, which
also opposes abortion and assisted dying.
Also speaking on the Today programme on Monday, the Scottish governments
minister for victims and community safety, Siobhian Brown, said she had
faith in Police Scotland to deal with vexatious complaints.
Brown underlined that the legislation included a very high threshold for
criminality. She said: What would have to be said online or in person
would be threatening or abusive, if youre conveying a personal opinion
that is challenging or offensive that would not be criminal.
Police representatives have said members of the public could feel
aggrieved if their details were recorded by the force, having received a
report of a hate crime but decided the bar for prosecution was not met.
The threshold for these non-crime hate incidents appears to be lower and
more subjective, according to guidance.
There has been a marginal decrease in overall hate crime charges being
brought in Scotland. Racial crime remained the most commonly reported hate
crime, followed by those with a sexual orientation aggravator.
https://www.msn.com/en-gb/news/uknews/scotland-s-first-minister-defends-
hate-crime-act-amid-barrage-of-criticism/ar-BB1kS8Le
absolutely balanced on the day the controversial legislation came into
force amid a barrage of criticism.
Humza Yousafs comments came as David Kennedy, the general secretary of
the Scottish Police Federation, said enforcing the Hate Crime and Public
Order (Scotland) Act 2021 would reduce public trust in policing and the
author JK Rowling, a prominent critic of the legislation, dared the police
to arrest her for misgendering.
The Scottish government has consistently said that misgendering a
transgender person is not criminalised by the new law.
Yousaf said the legislation, which is intended to consolidate existing
hate crime laws, absolutely protects people in their freedom of
expression while guarding people from a rising tide of hatred that weve
seen far too often in our society.
The act, which was supported by MSPs from Scottish Labour and Scottish
Liberal Democrats as well as the Scottish National party, also creates a
new offence of threatening or abusive behaviour that is intended to stir
up hatred on the grounds of age, disability, religion, sexual
orientation, transgender identity and variations in sex characteristics.
The legislation has been criticised for not including sex in the list of
protected characteristics, but the Scottish government plans to create a
standalone offence to tackle misogynist abuse.
There have been escalating concerns about how the law will be policed and
how it could affect freedom of speech, with fears the legislation could be
used maliciously against certain groups for expressing their opinions, in
particular gender-critical feminists.
But Yousaf said officers had been policing hate offences very sensibly
for decades, for example the offence of stirring up of racial hatred,
which has been in place UK-wide since 1986.
Unless your behaviour is threatening or abusive and intends to stir up
hatred, then you have nothing to worry about in terms of the new offences
being created, he added.
Earlier on Monday, Kennedy told BBC Radio 4s Today programme that the
law, which requires officers to assess emotive subjects such as online
misgendering, would cause havoc with trust in police in Scotland and
would certainly reduce it,
In common with many critics who have raised concerns about the
legislations lack of clarity, Kennedy said he thought it would have to be
tested in the appeal courts before the real elements of the act and how
they should be interpreted in law come into fruition.
He added that at a time of diminishing officer numbers, Police Scotland
had been allocated no extra money to provide training, and that
preparation was limited to a two-hour online module.
Rowling challenged the new law in a lengthy thread on X, saying the
legislation was wide open to abuse after listing sex offenders who have
described themselves as transgender alongside well-known trans women
activists, describing them as men, every last one of them.
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 womens and girls rights, unless we are allowed to
call a man a man. Freedom of speech and belief are at an end in Scotland
if the accurate description of biological sex is deemed criminal, she
wrote.
Police Scotland said it had not received any complaints regarding the
post.
A demonstration against the legislation outside the Holyrood parliament on
Monday was led by the campaign group Scottish Union for Education, which
also opposes the inclusion of transgender and race equality in the school
curriculum. The protest was supported by the Scottish Family party, which
also opposes abortion and assisted dying.
Also speaking on the Today programme on Monday, the Scottish governments
minister for victims and community safety, Siobhian Brown, said she had
faith in Police Scotland to deal with vexatious complaints.
Brown underlined that the legislation included a very high threshold for
criminality. She said: What would have to be said online or in person
would be threatening or abusive, if youre conveying a personal opinion
that is challenging or offensive that would not be criminal.
Police representatives have said members of the public could feel
aggrieved if their details were recorded by the force, having received a
report of a hate crime but decided the bar for prosecution was not met.
The threshold for these non-crime hate incidents appears to be lower and
more subjective, according to guidance.
There has been a marginal decrease in overall hate crime charges being
brought in Scotland. Racial crime remained the most commonly reported hate
crime, followed by those with a sexual orientation aggravator.
https://www.msn.com/en-gb/news/uknews/scotland-s-first-minister-defends-
hate-crime-act-amid-barrage-of-criticism/ar-BB1kS8Le