Glad to see the freedom of expression amendments to the Scottish Hate Crimes Bill. Of course there is a distinction to be drawn between hate speech and discussion of the public policy implications of protected characteristics. The latter needs to be protected against accusations
of bigotry, but also to be conducted in a manner that avoids offensive stereotyping.
A further thought, prompted by the different wording of the FoE amendments re age and transgender identity, OTOH, and religion, OTOH. At the heart of the issue about where to draw the line re legitimate discussion of trans issues/hate speech is, I think, disagreement about the
nature of trans-identity. For many trans people and their allies, it is an objective fact, akin to age; for gender crits and others it is a belief about oneself, more akin to religious belief, which attracts less protection against offensive speech. But that characterisation may
itself be deeply offensive if you don't think trans identity is merely a belief about oneself.
Quite hard to see a way out of that fundamental different in world view.
Apologies if this is all bleeding obvious, and apologies also if anyone is offended. Not my intention.
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Holyrood has voted (unsurprisingly) to withhold consent from the EU (Withdrawal Agreement) Bill. It looks like the UK Govt will press ahead with the Bill regardless, invoking the proviso that devolved consent is only 'normally' required, and Brexit is not 'normal'. 1/2
Once again no coherent reason has been given. Alister Jack says that Brexit is a constitutional matter, and these are not normally within devolved competence.
But *the UK Govt itself* has accepted that aspects of this Bill affect devolved competence by asking for consent. 2/3
It cannot be an adequate justification for invoking the 'normally' exception that consent would not be required for other Bills.
We saw similar incoherence in relation to the EU (Withdrawal) Act and the Scottish Continuity Bill. The UK Govt sought but didn't get Holyrood's 3/4
Having been debating with myself whether we are now in constitutional crisis territory. OTOH, if this passes, it will radically subvert the normal operation of the constitution, and take us into unpredictable territory. OTOH, Parliament is the master of its own procedures, and a
majority decision to change Commons Standing Orders is not, per se, unconstitutional. Griffith said that, in the UK's political constitution, what happens is constitutional.
On balance, I think we are heading towards a constitutional crisis. The argument that, so long as Parliament authorises it, anything is constitutional, is - and always has been - too simplistic. The essence of the current crisis is that the government cannot govern, but neither
Continuity Bill decision - a complex judgment, the practical implications of which will need longer consideration. But headlines: but for s17 (which makes regs under the EU(W)Act subject to devolved consent, the Bill was within competence at the time it was passed. (1)
Some robust statements about the extent of Holyrood's legislative competence - and nb the Presiding Officer's objection to the competence of the Bill is rejected. (2)
But, the enactment of the EU (Withdrawal) Act (as expected) changes things. This has become a protected statute under the Scotland Act 1998, which Holyrood cannot modify, & competence is to be judged at the point the Continuity Bill receives Royal Assent, not at the date passed 3