CONTROVERSIAL new hate crime legislation is inevitably going to have a "chilling effect" in Scotland, a leading lawyer has said.
Roddy Dunlop QC, dean of the Faculty of Advocates, said the law could be misused, resulting in malicious complaints to the police.
However, he said the majority of "big-ticket" problems with the legislation have been sorted.
MSPs passed the Hate Crime and Public Order (Scotland) Bill in March despite concerns over freedom of speech.
It followed one of the most heated and contentious Bill processes in the history of the Scottish Parliament.
The legislation creates a criminal offence of stirring up hatred against protected groups, expanding on a similar offence based on race that has been on the statute books for decades, as well as consolidating a number of different pieces of hate crime legislation.
Humza Yousaf, who was then Justice Secretary, was forced to make a number of changes to the Bill during its passage through Holyrood.
The Scottish Conservatives insisted it is "still riddled with glaring flaws".
In an interview with Holyrood magazine, Mr Dunlop said: “There is inevitably going to be a chilling effect.
"There is inevitably going to be the possibility that the legislation is misused and results in malicious complaints to the police by people simply looking to cause trouble.
“As we said when the Bill was first put forward, we are supportive of the general aims of the Bill, which are laudable.
"The vast majority of big-ticket problems we had with it have been amended out.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel