LONDON DAILY ARCHIVE
SNP Ministers Caught Off-Guard by Hate Crime Law Backlash: Former Health Secretary Jeane Freeman
Jeane Freeman, former Scottish health secretary, expressed her surprise and frustration over the backlash against Scotland's new hate crime law.
08 April 2024 · 11:30 UTC
Freeman believes the Scottish government was caught off guard by the controversy and should have anticipated the reaction, particularly given the timing during the electoral cycle.
She also advocated for the inclusion of misogyny in the law.
Ms. Freeman expressed concern about the new Hate Crime and Public Order (Scotland) Act 2021, stating that leaving loopholes in the legislation could allow it to be exploited by political opponents.
She acknowledged the viewpoint of some women's groups who opposed including misogyny in the act following a 2022 review.
However, she believed this was a missed opportunity to close a loophole and prevent potential misuse.
The act creates a new crime of "stirring up hatred" based on age, disability, religion, sexual orientation, transgender identity, or being intersex, with the aim of protecting vulnerable groups while safeguarding freedom of expression.
First Minister Humza Yousaf recently defended the act, emphasizing its importance in protecting marginalized communities.
The Hate Crime Act in Scotland increases the maximum penalty for communicating threatening or abusive material or behavior with the intention of stirring up hatred based on protected characteristics, including race, color, nationality, or ethnicity, to seven years in prison.
Previously, this was already illegal under the Public Order Act 1986 in Great Britain.
Scottish Greens co-leader Patrick Harvie has condemned the "deplorable levels of misinformation" surrounding the act and revealed he received vexatious complaints to the police in his name.
Lord McConnell, a former Scottish first minister and Labour leader, criticized the Gender Recognition Reform Bill as emboldening harmful elements in society who pose a threat of abuse and violence.
He compared it to the repealed Offensive Behaviour at Football and Threatening Communications (Scotland) Act and warned of many "simply spurious" complaints, which would put additional pressure on Police Scotland's budget.
McConnell also expressed concern that the bill's exclusion of crimes against women had inflamed trans misgendering rows and ignored the concerns of many women.
The text discusses the importance of good legislation and political leadership avoiding division, using the context of investigations into hate-related crimes during a Rangers-Celtic football match.
Police Scotland is investigating complaints of hate crimes following the 3-3 draw, with no arrests made at Ibrox Stadium.
A few reports are being assessed.