Scottish Conservatives launch bid to scrap controversial hate crime legislation

It follows widespread concerns over the legislation, which critics say would stifle freedom of speech and criminalise a "mere insult".

The Scottish Police Federation, the Faculty of Advocates, the Catholic Church, media groups and leading authors are among those to have raised objections. 

The legislation would update the characteristics protected in law from hate crimes and introduce offences for behaviour likely to "stir up" hatred, whether this was done intentionally or not. This would expand on existing laws protecting racial groups.

Justice Secretary Humza Yousaf insisted the Bill is needed to "modernise and consolidate hate crime legislation and provide clarity". 

He said there is "clear support behind the need for the Bill", adding: "I am resolute in the need for improved hate crime legislation but I am also very alive to the need to consider carefully the concerns that have been raised."

Mr Ross said his party will bring forward a debate in the Scottish Parliament on Wednesday to vote that the Hate Crime Bill be withdrawn.

This would not be binding on SNP ministers, but would allow parties to express their opposition. 

He drew comparisons with the SNP's controversial named person scheme, which aimed to appoint a state guardian for every child in Scotland and was scrapped last year.

He said: “Whatever the original good intentions of this Bill were, the breadth and depth of opposition to its clear flaws are too strong for the SNP to try and force it through.

“We cannot allow such a blatant attack on freedom of speech in Scotland to progress any further.

“Everyone agrees on the need for legislation to tackle hate crime in Scotland. 

"But by trying to fix a doomed bill that clearly needs to be reworked, we’re wasting time that the parliament needs to hold the SNP Government to account on care home deaths and their domestic record.

“We saw what happened with named persons. The SNP arrogantly persevered with a hopelessly flawed bill, costing the Scottish public millions, until they eventually saw sense and dropped it.

“We’re asking that opposition parties unite with the Scottish Conservatives to accelerate the process so the same mistakes as named persons do not happen again. 

"The Hate Crime Bill is too important to allow it to progress with these attacks on free speech. 

"The SNP must withdraw it and go back to the drawing board.”

The Scottish Government wants to pass the Bill into law before the 2021 election.

It is understood the Greens will not back the Tories' motion, and will instead propose amendments to the legislation. 

Scottish Labour believes the Bill is flawed but that it should be rethought rather than scrapped.

Scottish Liberal Democrat justice spokesman Liam McArthur MSP said his party "are strong supporters of robust action against the perpetrators of hate crime, and remain supportive of the overall aim of updating hate crime law".

He added: “However, the broad brush 'stirring up' provisions are such significant flaws that they risk undermining those aims.  

“For this Bill to receive the support of the Scottish Liberal Democrats, these issues need to be addressed and the Justice Secretary must agree to remove any potential threat to free and open debate.

“We remain committed to working with ministers and others to help deliver legislation that is effective but strikes the proper balance in this complex and sensitive area of law.”