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‘Stirring up’ hatred laws stall as police struggle with workload

Assistant chief constable Gary Ritchie says police will investigate every report of a hate crime. Image: Mhairi Edwards.

Under-pressure police chiefs are still drawing up plans to cope with a controversial hate crime law the Scottish Government passed more than 18 months ago.

The SNP administration has still not set a date for implementing the Hate Crime Act despite it becoming law in April 2021.

The legislation creates a new offence of “stirring up” hatred related to groups defined by age, disability, religion, sexual orientation, transgender identity, or variations in sex characteristics.

However, a recent report to the Scottish Police Authority on the force’s preparations shows they had to push back a series of target dates due to the pandemic and recent loss of staff.

Several requirements relating to IT and training are now pencilled in for completion next summer – more than two years after the law was passed at Holyrood.

Opposition MSPs said last night the additional work linked to the law change was the “last thing” the police needed as they struggle to cope with dwindling resources.

‘Free speech’ row

Ministers have argued the legislation is needed to update Scotland’s “fragmented” hate crime laws, and that it is vital to give greater protection to vulnerable groups.

But campaigners have long raised fears about its impact on free speech.

The Scottish Police Federation warned officers would be left “policing speech”, which would “devastate the legitimacy of the police in the eyes of the public”.

Photo shows Jamie Greene in the Scottish Parliament.
Jamie Greene criticised the new Bill.

A report to a police authority committee in October said target dates for achieving Police Scotland’s Hate Crime Improvement Plan had not been met and had now been revised.

The paper said there was currently no project team or resource dedicated to the work.

It warned that if the police was unable to implement the new Act, it would have “significant public confidence impacts, particularly as the Act is extremely contentious in parts of society”.

‘Flawed’

Scottish Conservative justice spokesman Jamie Greene said the Bill was “flawed from the outset”.

He said: “Given the huge pressures preparing for this Bill has put on our police, it is hardly surprising that it is not yet come into force.

“The SNP are already preparing further cuts to frontline policing budgets, so the last thing they need is the extra demands this bill will place on them.

“The Scottish Conservatives would protect free speech and ease the pressure on our police by replacing this bill.”

Police Scotland will investigate every report of a hate crime or hate incident.”

Assistant Chief Constable Gary Ritchie

In a submission to Holyrood’s criminal justice committee, the police authority and national force said the government’s budget proposals meant they would need to make savings of between £200m and £300m to fund pay awards and absorb other inflationary pressures.

They warned of a “fundamental reduction” in their capacity to meet the public’s needs.

Humza Yousaf scratches his head in his chair at Holyrood.
Humza Yousaf steered the hate crime legislation through parliament. Image: Fraser Bremner.

A Scottish Government spokesman said it was working closely with justice partners, including Police Scotland, to “agree a suitable commencement date for the Hate Crime Act”.

He added: “It is important that the Act is implemented effectively so that, once in force, it offers robust protections to victims of hate crime.

“This includes the provision of training and guidance.”

Police review

Assistant Chief Constable Gary Ritchie said: “Police Scotland will investigate every report of a hate crime or hate incident.

“If you’ve been a victim, or witnessed an incident, please contact the police, either in person, by telephone or via one of the third party reporting centres listed on our website.

“As part of our Hate Crime Improvement Plan we are reviewing our policy for how hate crimes and incidents will be recorded following the rollout of the national crime recording system.

“A significant amount of work is already under way to deliver an appropriate IT application and associated training to enable us to record the required information to facilitate the recording of data.”

Conversation