JUSTICE Secretary Humza Yousaf has said he wants controversial new hate crime legislation to “be a force for good”, as he told MSPs he will consider if changes need to be made to the Bill.
He said he has noted “particular concerns” that have been raised, pledging to “reflect on whether there needs to be changes made and how these could be done in an appropriate and effective way”.
Lawyers, the Catholic Church and the Scottish Police Federation have all raised concerns about proposals in the Scottish Government’s Hate Crime and Public Order (Scotland) Bill.
Comedy legend Rowan Atkinson, writer Val McDermid and actor Elaine C Smith have also raised fears that the proposed new offence of “stirring up hatred” could stifle freedom of expression.
READ MORE: Yes writers and artists hit out over Hate Crime Bill
Yousaf said he is “aware of the strong views that have been expressed on the Bill”, and said he is “listening to the feedback that is received”.
He told MSPs: “I note in particular concerns about the Bill’s stirring up hatred offences.
“I will reflect on whether there needs to be changes made and how these could be done in an appropriate and effective way.”
The Bill will be scrutinised by the Scottish Parliament’s Justice Committee, and Mr Yousaf said he will give “full consideration” to its comments “to make sure this legislation can be a force for good and helping protect groups affected by dangerous hatred and prejudice while of course protecting vital freedoms we all hold dear”.
Last month, Scotland’s Catholic bishops raised concerns that possessing the Bible could become an offence under the proposed legislation.
The Scottish Police Federation, which represents rank-and-file officers, claimed the Bill “appears to paralyse freedom of speech in Scotland”.
READ MORE: Hate Crime Bill does not undermine free speech ... it protects it
Labour MSP Anas Sarwar said there are some “good things in the Bill”, but the way parts of the legislation has been drafted and the “narrative that is now built around the Bill risks undermining the very purpose of the Bill itself”.
Sarwar, who has campaigned alongside Mr Yousaf against Islamophobia, said: “The Justice Secretary and I recognise the importance of challenging hate crime and defeating prejudice and hatred.
“Sadly for us and many others it is often a daily experience.
“I know we share the same ambition and want the same outcome, to make Scotland a fairer and more equal country, where everyone has the same opportunity regardless of their race or religion.”
Yousaf said hate crime is a “significant problem” which has a “hugely damaging impact on victims, their families, communities”.
He said: “The recent increase in hate crime charges reported to the Crown Office and Procurator Fiscal Service is a clear indication hate crime remains a significant problem.
“The increase in hate crime charges may reflect a great willingness of victims and witnesses to report, however we are not complacent and recognise not all incidents of hate crime come to the attention of the police.
“We remain committed to tackling all forms of hate crime and prejudice, wherever and whenever they arise.
“The Bill affirms that commitment, ensuring sufficient protection is provided for those that need it.”
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