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…
It is not clear whether the submissions will be published on the Parliament's website before the roundtable session begins at 2.30pm. However, some individuals and organisations have already published their submissions elsewhere.
The Network of Sikh Organisations, whose representative participated in a Stage 1 oral evidence session, has published its submission. nsouk.co.uk/supplementary-…
Grassroots feminist campaign group Woman's Place UK has submitted evidence, highlighting in particular recent events in Spain and the targeting of prominent feminist politicians Lidia Falcon and Deputy Prime Minister Carmen Calvo. womansplaceuk.org/2021/02/22/wom…
We assume that all submissions received will be published on the Justice Committee's webpages on the Parliament website in due course: parliament.scot/parliamentaryb…
The Justice Committee has now published the submissions. Submissions from those who are participating to today's evidence session can be found here: parliament.scot/S5_JusticeComm…
Submissions from those who are *not* participating in today's evidence session can be found here: parliament.scot/S5_JusticeComm…
The Committee received in excess of 600 written submissions from organisations not attending the Committee meeting on 22 February 2021 and individuals.
Submission from the Edinburgh Secular Society: "These provisions for free speech were already less robust than equivalent legislation in England and Wales."
Submission from Association of Police Superintendents: "Whilst it may be discomfiting for some politicians..fundamental ideological differences go to the heart of the issues at stake and..need to be faced head on and be clearly, unambiguously and firmly addressed by legislators."
Submission from the Catholic Parliamentary Office of the Bishops’ Conference of Scotland:
To recap: around 175 of the 600+ submissions received by the Committee have yet to be processed and published. Those that have been published in the last hour have been collated in two documents which run to a total of 274 pages. The Committee session commences in two hours.
At Stage 1, the Committee received around 2,000 submissions on the bill - believed to be the highest number received for a piece of draft legislation in the history of the Scottish Parliament. heraldscotland.com/news/18696402.…
And now the Scottish Police Federation has published its submission to the Committee: "If ever a piece of legislation has demonstrated that opposing views are met with intolerance and all too readily branded as hate, then the HCB has done precisely that." spf.org.uk/spf-response-h…
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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.
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.
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.
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…
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…
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.
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.