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  4. Yousaf accepts most of Hate Crime Bill stage 1 report

Yousaf accepts most of Hate Crime Bill stage 1 report

15th December 2020 | criminal law | Criminal legal aid

The Scottish Government will accept most of the Justice Committee’s stage 1 recommendations on the Hate Crime and Public Order (Scotland) Bill, Cabinet Secretary Humza Yousaf has confirmed.

In their report published last week (click here for news item), MSPs on the committee welcomed Mr Yousaf's previous undertakings to put forward amendments to the controversial bill, but called on him to go further.

Ahead of today's stage 1 debate, the Justice Secretary confirmed that he would propose:

  • a strengthening of protection for freedom of expression provisions;
  • ensuring that the test of the term "abusive" in the bill is an objective one;
  • bringing within the bill’s hate crime framework the existing offence of racially aggravated harassment;
  • new limits on police powers of search and entry in the bill; and
  • in addition, following concerns raised from some faith groups, artists, authors and others, the Government will seek to remove entirely s 5 from the bill, which deals with offences relating to possession of inflammatory materials.

He has already committed to removing s 4, which deals with the public performance of plays.

Mr Yousaf commented: "I am grateful to the committee for its detailed scrutiny and I welcome their support for the general principles of the bill.

"I have accepted the overwhelming majority of the recommendations from the committee and will bring forward amendments at stage 2 designed to, amongst other matters, strengthen protections for freedom of expression.

"Through the whole process I have listened to concerns raised and proposed amendments to be introduced at stage 2 of the bill to address these concerns. That approach will not change. I will continue to listen to concerns members may have about any aspect of the bill and, where possible, will try and reach common ground."

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