MSPs vote down Conservative attempt to drop hate crime bill

A Conservative attempt to ditch the controversial new hate crime legislation has been voted down in the Scottish Parliament.

A motion from the party's justice spokesman Liam Kerr proposed removing the forthcoming Hate Crime and Public Order (Scotland) Bill and drafting new legislation.

Critics say the Bill's new offences relating to stirring up hatred'' could stifle freedom of expression.

However MSPs voted by 31 to 30 for an amendment which would instead improve'' the Bill as part of the normal parliamentary process.

Justice Secretary Humza Yousaf acknowledged there were legitimate concerns'' about the Bill which would be addressed in the coming months.

Introducing his motion, Mr Kerr said a wide range of groups had responded to a Scottish Government consultation on the Bill.

He said: Around 2,000 people have responded to that consultation, the highest number of responses in this session of the Scottish Parliament.

It is clear a significant number of those raised concerns about the stirring up offences and the potential chilling effect on freedom of speech.''

He said there were concerns about the vague language of the Bill and the low threshold for behaviour considered threatening or abusive''.

Mr Kerr said there was insufficient time to give proper scrutiny to the current Bill, adding bad legislation is not the way to stop bad behaviour''.

Conservative MSP Murdo Fraser also spoke in favour of the motion, saying: I have grave concerns about what is called cancel culture and the attempt to close down debate.

Now we see feminists like Germaine Greer and JK Rowling becoming victims of a mob who are not prepared to permit debate, even though what they are saying is simply a biological fact on the question of gender.''

The Justice Secretary said the stirring up'' offence had existed in Scots law in relation to racial hatred since the 1980s and had not caused controversy.

Mr Yousaf said: I am afforded protection in the law from people stirring up hatred against me due to the colour of my skin.

Should the same protections not be afforded to people due to other protected characteristics?

If you are disabled, if you are gay, if you are Jewish - should you not be afforded the same protection in law, and have the law recognise such an offence of stirring up hatred against you?''

He added: There are clearly legitimate concerns people have in relation to the stirring up offences.

So in that regard I will absolutely listen to the evidence of the Justice Committee.''

Liberal Democrat MSP Liam McArthur said the right to free speech included the right to be offensive.

However he said there was little support for the Conservative motion to ditch the Bill in its entirety''.

MSPs voted for an amendment by Scottish Greens MSP John Finnie to improve the Bill as part of the normal process of parliamentary scrutiny''.