Scottish Tories vow to repeal controversial Hate Crime Bill in manifesto

A majority of MSPs backed the controversial legislation last week, which Justice Secretary Humza Yousaf said would send a message that offences motivated by prejudice "will not be tolerated by society".

It consolidates existing hate crime laws but establishes a new offence of "stirring up hatred" on the grounds of religion, sexual orientation, age, disability and transgender identity.

However, it does not include women as one of the protected groups which a number of cross party MSPs said was a flaw. Critics also say it will limit freedom of expression including discussions in the family home.

The Scottish Tories announced plans to repeal the bill on the second day of their party's Spring conference, being held remotely.

Party leader Douglas Ross said: “Backed by Labour, the LibDems and Greens, the SNP have passed one of the most extreme and outrageous laws in the history of the Scottish Parliament.

“We opposed the SNP’s Hate Crime Bill and our manifesto will pledge to repeal it. We will seek to overturn the dangerous threats to freedom of speech and our fundamental rights that Humza Yousaf refused to remove. The SNP Government has no place criminalising what people say in their own homes." 

MSPs voted by 82-32 in favour with the SNP, Labour, LibDems and Greens supporting the bill with the Tories voting against it. There were four abstentions.

An amendment by former Scottish Labour leader Johann Lamont to add sex to this list of protected characteristics was voted down.

Lamont argued that the case for including women – “who understand hate crime more than any other group does” – was “indisputable”. 

But Yousaf said MSPs should see what the recommendations are from an independent working group, established last month, led by Helena Kennedy, to consider whether the creation of a standalone offence or adding sex to the list of other protected characteristics would better tackle misogynist abuse.

SNP MSP Joan McAlpine, who like Lamont did not back the bill, told the chamber: “The thing that finally turned me to my current position was the government’s decision to expand the definition of transgender identity to include cross-dressers who are not trans identified … It will seem bizarre to many people that men who enjoy cross-dressing are protected from hate crime, but women are not.”

Holyrood did vote to strengthen freedom of speech provisions in the bill, after earlier iterations provoked an outcry from religious and cultural groups.

Yousaf accepted an amendment from the Scottish Conservative MSP Adam Tomkins, who is also convener of Holyrood’s justice committee, which restated rights under ECHR Article 10 and emphasised the right to offend, shock or disturb, in relation to a reasonableness defence.

The Tories have also unveiled plans today for a Suzanne’s Law – named in memory of murder victim Suzanne Pilley.

Suzanne Pilley went missing in May 2010.

Her body was never found and the Tories say the law would put more pressure on killers to reveal the whereabouts of their victims' remains.

"Killers should be given a simple choice - fully disclose what they have done with remains or stay locked up until they do so," Ross said.

"In some of these appalling cases, killers appear to take a perverse pleasure in prolonging the suffering of grieving relatives.

“The least that families of murder victims deserve is a proper burial, a chance to say goodbye and have some closure.”

Suzanne Pilley worked as a bookkeeper in Edinburgh and went missing on May 4, 2010 after leaving her home to go to work.

It is believed the 36-year-old is buried in a remote part of Argyll after she was killed by David Gilroy.

He was jailed in 2012 for a minimum of 18 years but has never admitted his crime.

A spokeswoman for Yousaf defended the bill.

She said: “Through the passing of this landmark Bill, Parliament has sent a strong and clear message to victims, perpetrators, communities and to wider society that offences motivated by prejudice will be treated seriously and will not be tolerated – I am delighted Holyrood has backed this powerful legislation that is fitting for the Scotland we live in.

“We must remember why this Bill is so necessary, every day in Scotland around 18 hate crimes are committed. The effects of these crimes are felt deeply by those targeted and this prejudice has a pernicious effect on the health of a society and its communities. Not only that, the toll hate crime takes on its victims, their families and communities, is immense.

“The Bill was voted for by every party except the Tories and had broad stakeholder support. Its passage has shown Holyrood at its very best – a collaborative, diverse and determined Parliament which we should all be proud of. Robust scrutiny has ensured we have met the right balance between protecting groups targeted by hate crime and respecting people’s rights to free speech.

“I look forward to overseeing the implementation of this legislation which will ensure Scotland’s justice system can bring perpetrators to account and provide sufficient protection for individuals and communities harmed by hate crimes.”