Scotland is to bring into force hate crime legislation which critics say could lead to prosecutions for ‘misgendering’ while having a “chilling effect” on freedom of speech and expression.
Under the rule of Scottish Prime Minister, Humza Yousuf the law, which came about in 2021, is to come into effect this November after a period of training and familiarisation was undertaken by Police Scotland.
Similar to the proposed hate crime legislation currently before the Seanad in Ireland, Scotland’s hate crime bill establishes a number of protected characteristics such as ‘age, disability, race, religion, sexual orientation, transgender identity or variations in sex characteristics’.
People found guilty of “stirring up hate” against members of protected groups will face criminal prosecution under the new law.
A spokesperson for the Scottish Government said, that while the enforcement of the law was a matter for the police, the government welcomes “any measures being taken to tackle hate crime,” adding that the new “legal protections that the Hate Crime Act will introduce for people targeted by hate crime, including due to race and disability, will soon be realised while at the same time ensuring freedom of expression is protected.”
Journalist and author Helen Joyce expressed concern over the effects the bill will likely have on freedom of speech and expression saying, “The establishment of a new, dedicated hate crime unit at Police Scotland sends a sinister message to those who advocate for women’s and children’s rights,”
Joyce, who is an outspoken critic of transgender ideology, continued that, “People need to be able to speak the truth about sex to stand up for their own rights and to carry out safeguarding. Women can’t explain why so-called ‘trans women’ shouldn’t be allowed to compete in women’s sports without saying that, as a matter of material reality, ‘trans women’ are men,”
“Are we going to see teachers who say that boys who identify as girls can’t go into the girls’ changing rooms pursued by this new police unit? If ‘misgendering’ counts as a hate crime, then people who simply speak the truth risk a criminal record, and it is chilling to think that a dedicated police unit will be now pursuing people who are acting in the best interests of women and children,” she said.
The Scottish Daily Express reported that although police are nearing completion of their period of training and familiarisation with the new law they are “refusing” to confirm how many officers will be assigned to its enforcement while assistant chief constable Faroque Hussain said the legislation would serve to “bring to justice those perpetrators of hate against protected people and groups”.
Scottish Conservative MSP Russell Findlay expressed concern on the strain the new law will put on already stretched policing resources saying, “Scotland’s under-pressure police officers lack basic kit due to SNP budget cuts, so demanding that they now enforce this flawed SNP legislation is a mistake,”
“Humza Yousaf’s dangerous hate crime law erodes free speech and has already been delayed due to difficulties facing the police. The Scottish Conservatives would ditch it altogether, instead freeing up officers to keep our communities safe,” he said.
It was also reported that reports of ‘hate crimes’ have declined in Scotland by 10% compared to the same period last year while non-sexual violent crime rates, and sexual crime rates have increased.