Public Order Act 1986 was passed in Great Britain to stream line the criminal law against race, colour, nationality and such crimes. Punishment against this is seven years. The Hate crime and public order (Scotland) Act 2021 creates new areas of crimes such as against disability, religion, sexual orientation, transgender identity or intersex, variations in sex characteristics etc. Lord Bracadale’s Independent review of Hate crimes Legislation was developed for the needed hate crimes with new specific offences and crimes which has been taking place since 1986. The Scottish parliament in 2021 passed the legislation with the majority of MSPs consultation.
The law will be implemented on 1 April, 2024, intending in protecting the victims and its communities. There were criticisms that the bill excluded hatred of women and tackling of misogynist abuse. The Scottish minister Hamsa Yousaf has insisted there is a “very high threshold” for prosecution and a “triple lock” on freedom of expression in the act, including an explicit clause, a “reasonableness” defence, and compatibility with the European convention on human rights.
Adam Tomkins, a former Tory MSP and convener of Holyrood’s justice committee who was closely involved with the passage of the bill in 2021, said: “Asserting that sex is a biological fact or that it is not changed just by virtue of the gender by which someone chooses to identify is not and never can be a hate crime under this legislation.”
While many groups covered by the new act welcomed the extension and streamlining of the law, while some concerns are on transphobia which will deter other communities from reporting hate crimes.
The British Harry Potter auther, JK Rowling and prominent anti-trans activist, challenged the bill in a series of posts and listed several transgender women, ranging from convicted sex offenders to TV presenters, referring to them all as men. The social media ‘X’ , Elon Musk also criticsed the act publicly as it interrupts free speech. While those who support the new laws insist they will make Scotland more tolerant.
The law criminalising stirring up hatred against sexual orientation and gender will take effect from April 1st,2024.
In the final debate before its passage, First Minister Humza Yousaf – then serving as justice secretary – said no-one would be found to have stirred up hatred “for solely stating their belief – even if they did so in a robust manner”.
