HUMZA Yousaf has rowed back on the controversial Hate Crime Bill, promising to amend the legislation to make clear that the new offence it creates will only apply to those who "intend" to stir up hatred.  

The Bill has been met with a host of criticism in recent months, with fears that it could stifle free speech.

Writers, artists and comedians warned that the “well meaning” proposals could have “unintended consequences” for artistic expression.

Roddy Dunlop, QC, dean of the Faculty of Advocates, said the legislation could lead to comedians who tell a “Scotsman, Irishman and Englishman” facing jail. 

The Scottish Police Federation, who represents rank and file officers, said it would shatter trust in the police.

In Holyrood on Wednesday, the Justice Secretary accepted that the legislation needed to be changed. 

He told MSPs: “People are concerned that offences could be committed by people expressing controversial views, where they have no intention of stirring up hatred against any group.

"The Bill does contain some protections against this and the offences themselves do set a significant threshold for criminal sanction: behaviour must of course be threatening or abusive, such behaviour must be likely to stir up hatred and not merely dislike, disapproval or disrespect. 

“And there's a defence that the accused behaviour was in the particular circumstances, reasonable. 

“However, having heard the views expressed both in this parliament, and indeed by a range of key stakeholders, I recognise that even with those protections that I have just outlined there is a real risk that if the offences don't require intent to stir up hatred, there could be a perception, and indeed, uncertainty that the operation of this aspect of the offences may be used to prosecute what are entirely legitimate acts of expression. 

“This in itself might lead to an element of self censorship. That is not the aim of the legislation, the Bill does not seek to stifle robust debate, public discourse, or artistic freedoms.

"Instead, the Bill seeks to offer greater protection to those who suffer from this particularly damaging type of offending behaviour, while respecting freedom of expression. "

Yousaf said to put  “concerns over the question of the operation of the new offences beyond doubt,” the Scottish Government would seek to amend the prospective legislation to make the new stirring up hatred offences “intent, only.” 

The Justice Secretary said he is open to continued dialogue on the Bill, which has received more than 2,000 representations since the Justice Committee announced its consultation ahead of stage one proceedings.

Yousaf added: "I am confident that, going forward, the debate around the Bill will help to build consensus on how we effectively tackle hate crime, and how we can keep working together on building an inclusive and just Scotland."

But Tory justice spokesman Liam Kerr said the amendments do not go far enough, and he called for further changes to protect free speech and comments made in a person's private home.

He said: “Unfortunately, Humza Yousaf has not only failed to fix the problems – he has flat out refused to remove the stirring-up offences," he said.

“The minor amendments do not go anywhere near far enough. The most controversial piece of legislation in Scottish Parliament history won’t be fixed by tinkering around the margins.

“Our fundamental right to freedom of speech remains under threat.”

The Scottish Greens' co-convenor Patrick Harvie said he was worried an accused could say they never intended to stir up hatred, even when that was their intent.

Yousaf said he had similar concerns, but was assured by members of the legal community that such an explanation would not be believed.