SCOTTISH Labour has called on ministers to update hate crime statistics which they claim are six years out of date before MSPs consider controversial new laws.
The Hate Crime Bill proposals would expand laws against "stirring up hatred" to protect other groups other than race, which is already protected under existing legislation.
The proposals have received criticism perceiving the rules as a threat to freedom of speech.
Labour has pointed to disaggregated data on racially-motivated hate crime which has not been published since 2013-14 and statistics on religiously aggravated hate crime having not been updated since 2017-18.
Currently, aggregated statistics on hate crime are published annually by the Crown Office and Procurator Fiscal Service (COPFS). However, whilst broken down by protected characteristic, the data does not provide the disaggregated data which would give an insight into which races and religions are disproportionately targeted.
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Scottish Labour justice spokesperson, James Kelly, said: "I have been vocal about my reservations around part two of the Hate Crime Bill in particular but I am especially concerned that the most recent available disaggregated data relating to racial hate crime is now seven years out of date. Up to date data on hate crime is essential to inform the debate on this controversial piece of legislation.
"The annual aggregated data published by COPFS is a damning indictment of hate crime in Scotland in itself but it only provides part of the picture. Without disaggregated data it is impossible to identify which races and religions are disproportionately impacted."
He added: "I have made clear in my submission to the Justice Committee’s call for views on the Hate Crime Bill that there is a need for an accessible, comprehensive and regularly updated breakdown of data on hate crime in Scotland.
"It is vital that up-to-date data is made available in order to fully contextualise the stark reality of hate crime in Scotland so that MSPs can legislate accordingly.”
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Nicola Sturgeon has stressed that the proposals "seek to find a balance between protecting those who suffer the scourge of hate crime and respecting people’s freedom of speech and expression".
She added: "Nobody should go into the process with a closed mind, and that includes opposition members, just as much as it includes the Scottish Government.
"I hear the concerns that have been expressed. The government will consider all of them carefully. That said, the concept of stirring up hatred offences is not new to Scots law – long-standing stirring up racial hatred offences have operated effectively in Scotland since, I think, the mid-1980s.
"The bill includes explicit provisions on freedom of expression and its provisions require to be interpreted in accordance with the European convention on human rights."
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