Extracts from Scottish Parliament Question Time: Justice and the Law Officers: Hate Crime - Nov 21

Hate crime has hugely damaging effects on victims, their families and communities, and we must all play our part in challenging it. We are doing a number of things as part of our ambitious programme of work to tackle hate crime and build community cohesion. That includes the recent launch, on 14 November, of our consultation “One Scotland: Hate Has No Home Here”, which will inform the content of modernised hate crime legislation that is fit the for 21st century.

In addition, on 26 September, our campaign to tackle hate crime was launched in partnership with Police Scotland. The campaign aims to encourage witnesses to report hate crime and sends a clear message that hatred and prejudice will not be tolerated in Scotland.

Our consultation is open to all individuals, communities and organisations, and it will inform future legislation to address identified needs and afford sufficient protection for those who need it. I hope that everyone with an interest will participate in the consultation process.

I welcome the work that the Scottish Government is undertaking. The day after this Parliament rose for the summer recess, my constituent Blair Wilson, who is from Neilston, was subject to homophobic abuse and a physical assault. Had we been subject to such an experience, many of us would have run, hidden or cowered, but Blair did not. He took out his phone. He took a selfie, and that image of his bloodied but smiling and defiant face sent a clear message that resonated not just across Scotland but around the world. Will the cabinet secretary join me in paying tribute to Blair? Does he agree that it is because of the dignity, compassion and values of people like Blair and countless others that, together, we will consign hate crime to history?

I could not have articulated that point better than Tom Arthur. I add my own admiration for Blair Wilson and how he conducted himself in the aftermath of that terrible hate crime. A number of other people came out with their support for and admiration of Blair.

I have been the victim of hate crime and know how difficult it is to deal with. I know how much of a personal and emotional effect it can have. Nobody would have faulted Blair if he had chosen to deal with the situation in a personal way. However, as Tom Arthur says, instead he defiantly chose to tell his story and put out there some of the terrible hatred that gay people have to deal with and the homophobic abuse that he went through. So, yes, I join Tom Arthur in putting on record my admiration for Blair and for the countless others who stand defiantly in the face of hatred. There is simply no home for hatred in Scotland.

Lord Bracadale’s expert review recommended that statutory aggravators rather than stand-alone offences should continue to be the core method of prosecuting hate crimes in Scotland. Why does the Scottish Government appear to be departing from that recommendation?

We are not. We are going to consult on Lord Bracadale’s recommendations. We still think that statutory aggravators are the right way to go.

I do not know from where the member’s question stems. If it is about misogyny, we will consult and take views on that. The views that come back to us may well suggest that the issue of misogyny, which is deeply ingrained in our society and our institutions, may be looked at outwith the hate crime framework. I will wait to see the consultation responses, and I will shortly meet Engender and other organisations that are vocal on the issue.

We are definitely consulting on the statutory aggravator that Lord Bracadale thought was the best approach to tackling hate crime. However, I will wait for the consultation responses on misogyny to come back before we undertake detailed consideration and define the best approach to tackling that issue.