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19 Feb, 7 tweets, 2 min read
The Committee has published its list of witnesses for Monday.
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We will submit our evidence tomorrow and post it here. Meanwhile, this blog has our initial note to opposition members of the Justice Committee. murrayblackburnmackenzie.org/2021/02/15/fre…
It includes the freedom of expression amendments for England and Wales, and in the Bill as it was introduced. It also includes Lord Bracadale's comments to the Committee at Stage 1 on freedom of expression, which are worth looking at again.
The Committee's Stage 1 Report on the Bill is here. parliament.scot/parliamentaryb…
The Official Report of the Stage 1 debate is here. parliament.scot/parliamentaryb…
The original Bracadale Review report is here. gov.scot/publications/i…

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MurrayBlackburnMackenzie Profile picture
22 Feb
The Justice Committee's roundtable evidence session on freedom of expression protections in the Hate Crime and Public Order (Scotland) Bill starts in five minutes and can be viewed here: scottishparliament.tv/channel/virtua… #HateCrimeBill
Welcome from Committee Convener Adam Tomkins MSP. Joined by a significant number of witnesses. Grateful to everyone for making the time to be with us.
Only item to consider options for an amendment on freedom of expression (FoE). AT wants to remind everyone they are here to talk only about this one issue. Not prepared to reopen any other aspect of the Bill.
Read 86 tweets
MurrayBlackburnMackenzie Profile picture
22 Feb
This afternoon, the Justice Committee will convene for a roundtable evidence session to discuss four draft amendments to the Hate Crime and Public Order Bill on freedom of expression. These amendments were drafted by the Scottish Government, in collaboration with opposition MSPs.
The Cabinet Secretary for Justice and three opposition MSPs had tabled amendments on FoE ahead of Stage 2 proceedings commencing. However, the night before the first Stage 2 session, all four MSPs withdrew their amendments in favour of this 'collaborative' approach.
This afternoon's session will commence at 2.30pm and last for 90 minutes. Usually the roundtable format sees MSPs and witnesses engaging in free-flowing conversation rather than the usual question and answer format for panel discussions. parliament.scot/S5_JusticeComm…
Read 19 tweets
MurrayBlackburnMackenzie Profile picture
20 Feb
Our response to the Justice Committee's emergency consultation on protecting freedom of expression in the Hate Crime and Public Order (Scotland) Bill is now available here. murrayblackburnmackenzie.org/2021/02/20/res…
Our concern is whether the law will provide a clear point of reference on what it does not criminalise. We do not believe any of the options set out in the Scottish Government paper will achieve this. Image
Relying on “discussion or criticism” in isolation does not draw a clear line between the offensive and the criminal, but timidly describes a line falling far short of that boundary. It fails to meet the commitment to protecting speech that is offensive, shocking or disturbing. Image
Read 13 tweets
MurrayBlackburnMackenzie Profile picture
16 Feb
We have written to members of the Justice Committee today, to highlight two pieces published this week which are relevant to their consideration of the Hate Crime and Public Order Bill.
First is a report yesterday that an investigation into Lidia Falcon, a distinguished Spanish feminist, has been dropped, but only after she was interviewed by prosecututors. She had been reported for transphobic hate crime (our rough translation here). actuall.com/familia/la-fis…
More background on the case here. womansplaceuk.org/2020/12/13/lid…
Read 7 tweets
MurrayBlackburnMackenzie Profile picture
15 Feb
Our latest blog considers discussions about freedom of expression protections in the Hate Crime and Public Order Bill which are taking place behind closed doors: murrayblackburnmackenzie.org/2021/02/15/fre…
The Hate Crime Bill extends the existing offence of “stirring up hatred” in relation to race, to a wider range of characteristics. We have written previously about the need for a bespoke protection for stirring up hatred on basis of transgender identity. murrayblackburnmackenzie.org/2021/01/31/hat…
The Justice Committee agreed with the Cabinet Secretary for Justice on 2 February to commence a new programme of work, to create a general provision intended to strengthen the protection in the Bill for freedom of expression across all characteristics, other than religion.
Read 14 tweets
MurrayBlackburnMackenzie Profile picture
2 Feb
Stage 2 proceedings on the Hate Crime and Public Order Bill are just about to begin. You can watch the livestream here: scottishparliament.tv/channel/virtua…
Freedom of expression amendments first. Calls on Liam McArthur to move amendment 103.
LM: believes passionately in freedom of expression even when challenging or offensive. But necessary limits on that. Establishing thresholds not easy or straightforward.
Read 112 tweets

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