Controversial hate crime legislation to be changed

Image source, PA Media

Image caption, Justice Secretary Humza Yousaf had previously defended a controversial part of the bill that has now been dropped

The Scottish government is to change its controversial hate crime legislation in a bid to ease concerns over its impact on free speech.

The Hate Crime Bill originally said people could be prosecuted for stirring up hatred even if they did not intend to.

The bill will now be amended so it only applies to people who intend to stir up hate.

The Scottish Conservatives said the changes did not go far enough.

The bill aims to simplify Scotland's existing hate crime laws into a single piece of legislation that offers people additional protection from hatred based on their age, sexual orientation, race, religion, disability or transgender identity.

However, it was also to create a new crime of "stirring up hatred" either "with intention" or "where it is a likely consequence" of an action.

This part of the bill has proven to be particularly controversial, with author Val McDermid warning in an open letter that it could "stifle" freedom of speech.

The Scottish Police Federation previously claimed the bill "appears to paralyse freedom of speech in Scotland", and the Faculty of Advocates has raised concerns over the bill having "unintended consequences".

There have also been claims from the Catholic Church that the new law could make it illegal for people to oppose same-sex marriage or increased transgender rights on religious grounds.

And there have even been concerns that it could potentially lead to libraries and bookshops being prosecuted for stocking books that are deemed to be offensive.

However, the bill has been backed by organisations including the Equality Network and the Scottish Council for Jewish Communities.

Image source, Getty Images

Image caption, There have been claims that bookshops could be prosecuted for stocking books that are deemed to be offensive

Justice Secretary Humza Yousaf told the Scottish Parliament on Wednesday afternoon that the bill would now only cover offences where the stirring up of hatred is intentional.

He said: "I want people across this chamber and across Scotland to come together so we can ensure hate crime law can deal with the problem of stirring up hatred in an effective and appropriate way.

"That is why I think it is important to put the concerns over the question of the operation of the new offences beyond doubt."

He said he was open to continued dialogue on the bill, which saw more than 2,000 responses being sent to consultation by the parliament's justice committee.

Mr 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."

The justice secretary had previously defended the controversial provisions, insisting that they did not threaten freedom of speech or artistic expression.

Responding to the announcement, the Scottish Conservatives said Mr Yousaf had "failed to fix the problem" and called for further changes to protect free speech and comments made in a person's private home.

The party's justice spokesman, Liam Kerr, 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."