Just days away from Scotland’s new hate crime law coming into force on Monday, police bosses have warned that it could be “weaponised” by an “activist fringe.”
The controversial new law, which has been described as “dangerous” by free speech activists and MSPs, creates a new crime of “stirring up of hatred offences” for protected characteristics including “age, disability, religion, sexual orientation, and transgender identity.”
Police have also set up designated “Hate Crime Third Party Reporting Centres,” which include housing associations, victim support offices, voluntary groups, and private businesses such as fish farms, caravan parks, and even a sex shop in Glasgow.
The Criminal Justice Committee convener wrote to the chief constable, Scottish Police Federation, and Association of Scottish Police Superintendents (ASPS) to seek their views.
Independent policy analyst MurrayBlackburnMackenzie had raised a specific concern that the policy means “that a crime can be recorded based on the perception of the person reporting an incident to them.”
“We expressed concerns about thresholds and evidence in terms of the new offence of ’stirring up hatred,'” it said.
ASPS said that “it is clear however the standard of public discourse on many controversial topics has descended into deeply polarised, entrenched positions.”
It added that this is “particularly prevalent online, where proponents of opposing viewpoints often forego rational discussion and debate in favour of threats and name-calling.”
“We have a concern that individuals who could be described as the ‘activist fringe’ of particular viewpoints (who exist across the political spectrum and are associated with many topics of debate) will seek to ‘weaponise’ the new legislation and associated police investigation,” said ASPS.
Comedians
ASPS said it is unlikely police will target artists such as comedians or theatre actors after the act is implemented, but claimed action will “likely be driven almost exclusively by reports from members of the public.”ASPS said that Scotland currently has the lowest number of police officers in over a decade and that levels of hate crime remain low and “rarely do they involve a threat to life.”
“Police Scotland have been pushed in a certain direction due to finances and time constraints however the current product falls short, and we believe that it may leave officers exposed and confused re what is or is not a crime under the act,” it said.
‘Ignored’
Scottish Conservative leader Douglas Ross accused First Minister Humza Yousaf of ignoring the police’s concerns during First Minister’s Questions on Thursday.Mr. Yousaf said: “Of course we take seriously what was said by the Scottish Police Federation, ASPS, or any other representative organisation representing police officers.
“But I think it is incumbent on me to say that the new offences in relation to stirring up are hugely important.
“Those stirring up offences for racial hatred have existed since 1986, we are simply extending those protections to other groups.”
Responding, Mr. Ross said: “The problem is, first minister, people will not be protected if the police cannot do their job.
“We have warnings week after week from officers on the front line, from the Police Federation and now from the Association of Scottish Police Superintendents.
“They are giving as stark a warning as possible to this SNP government that the bill is flawed, it’s not going to do what MSPs supporting it wanted it to do, and those warnings are being ignored by Humza Yousaf.”
“From April Fool’s Day onwards, we fear we’ll see many more of these Orwellian ‘hate incident (non-crime incidents)’ getting recorded against Scots who dare to dissent from fashionable orthodoxy,” the union added.
The Epoch Times contacted Police Scotland for comment.
