Our new briefing note reflects on the reaction to yesterday's debate on the Hate Crime and Public Order Bill. A copy has been sent to all MSPs. mbmpolicy.files.wordpress.com/2021/03/mbm-br…
Should the bill pass today, it is clear that people, particularly women, risk being reported under it to the police *simply* for asserting the reality and importance of biological sex.
The Bill as it stands leaves those people without the type of direct means recommended by Lord Bracadale for resisting such complaints, and threats of complaints, and the police without a straightforward way to resist pressure to investigate them.
As discussed in the yesterday’s debate, convictions may be unlikely. But the chilling effect on ordinary Scottish citizens that will result from the reality or threat of being reported to and investigated by police is unmistakeable.
This tweet provides further evidence of the arguments made in our briefing.

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More from @mbmpolicy

11 Mar
The final part of the Stage 3 debate on the Hate Crime and Public Order (Scotland) Bill has now begun. scottishparliament.tv
Humza Yousaf: the bill shows how parliament can work at its best when we seek consensus.
HY: we can create truly transformative law which protects the most vulnerable in our society.
Read 64 tweets
10 Mar
Stage 3 debate on the Hate Crime and Public Order Bill has begun. scottishparliament.tv
Johann Lamont: Patrick Harvie said about my speech on #IWD2021 that I had displayed vicious transphobia.
JL: by ascribing the motive of hatred says a great deal more about his lack of self awareness than it does about good law. I defend to the death his right to make those comments about me.
Read 233 tweets
10 Mar
The Hate Crime and Public Order (Scotland) Bill faces its final parliamentary hurdle today in the form of a Stage 3 full Chamber debate. You can read the full list of amendments here: beta.parliament.scot/-/media/files/…
The debate will be livestreamed on the Scottish Parliament TV channel. A few things to look for in today’s debate... scottishparliament.tv/channel/the-de…
Labour MSP Johann Lamont has tabled an amendment to add ‘sex’ as a protected characteristic to the legislation, but only for Part 1 as a statutory aggravator. She tabled a similar amendment at Stage 2 but did not press it to a vote: parliament.scot/parliamentaryb…
Read 12 tweets
10 Mar
Ahead of the Stage 3 debate on the Hate Crime and Public Order Bill, we have published this statement. murrayblackburnmackenzie.org/2021/03/10/mbm…
Last May, we wrote of our surprise that such controversial proposals, which did not feature in the SNP’s 2016 Holyrood manifesto, were being brought forward in the middle of the largest challenge faced by any recent generation of politicians in Scotland. holyrood.com/comment/view,c…
The proposals to extend the criminal offence of stirring up hatred have attracted most concern, uniting the National Secular Society and the Evangelical Alliance, the Faculty of Advocates and the Scottish Police Federation, writers, artists, and feminist groups.
Read 14 tweets
9 Mar
Following a legal challenge, a High Court judge has ordered ONS to amend its guidance to the sex question in the 2021 census, and granted permission to @fairplaywomen to proceed to a full judicial review, to be held on 18 March. theguardian.com/uk-news/2021/m…
The amended guidance now defines the sex question in terms of legal sex, not self-identified sex. The ruling does not affect the new voluntary gender identity question, which remains unchanged.
In February, the ONS produced a paper that outlined how it had reached its final decision on the sex question guidance. The paper also drew on a piece of qualitative research, undertaken by the ONS in Oct/Nov 2020. uksa.statisticsauthority.gov.uk/wp-content/upl…
Read 7 tweets
7 Mar
NEW BLOG: We trace the passage of the Hate Crime and Public Order Bill, in relation to freedom of expression as it affects questions and debate about sex and gender identity. murrayblackburnmackenzie.org/2021/03/07/clo…
Drawing on our previous work on policy capture, and new Freedom of Information returns, we show whose views have been privileged in the handling of those parts of the draft legislation, and discuss the likely implications for freedom of expression in Scotland.
Following the culmination of the Stage 1 proceedings in December 2020, concerns about how the Bill gives explicit protection to freedom of expression (FoE) have intensified. The Bill as introduced did not implement the proposals of the Bracadale Review on this point.
Read 24 tweets

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