“MSPs back criminalising hate speech at the dinner table”, reports the (Glasgow) Herald
HATE speech in the home is set to be criminalised after a Tory attempt to stop it failed at Holyrood.
Critics fear it could lead to over-heated dinner table conversations being investigated by the police under the Scottish Government’s new Hate Crimes Bill.
However MSPs on the justice committee agreed with Justice Secretary Humza Yousaf that there should be no exemption for hateful speech and conduct just because it was in a private dwelling.
He said the law often dealt with events in the home, and an exemption could mean, for example, that someone who urged people in their house to attack a synagogue, but then did not take part, could not be punished for inciting the crime.
Humza Yousaf’s choice of example is disingenuous. There has never been a “dwelling exemption” when it came to inciting a crime, and no one has suggested there should be one. The amendment allowing a dwelling exemption that was unsuccessfully tabled by the Tory MSP Liam Kerr related only to the “stirring up of hatred”.
It is disturbing enough that such an amorphous charge should ever be made a matter of law at all, but whatever he might think of the Hate Crime Bill as a whole, Kerr’s proposed amendment in this instance was limited to suggesting that the rule whereby it becomes a crime to stir up hatred would be suspended if “words or behaviour are used by a person inside a private dwelling and are not heard or seen except by other persons in that or another dwelling”. In other words Kerr did not think it should be a crime to stir up a particular emotion in another person if done in private. By seven votes to two, the Justice Committee of the Scottish Parliament disagreed. Assuming the Bill passes, it will thus be a crime in Scotland to say words deemed to be hateful, even if done in your own home.
This new crime having been created, will failure to report this crime itself be a crime? According to the website “Ask the Police”, “Whilst there is no legal requirement to report a crime, there is a moral duty on everyone of us to report to the police any crime or anything we suspect may be a crime.” Since asking the same question in “Ask the Scottish Police” redirected me to the same answer, I assume this answer also applies to the separate Scottish legal system. That is only slightly reassuring. Once reported, a potential crime must be investigated. The suspect must be questioned. Witnesses must be called. By the nature of this new crime the suspects and witnesses are likely to be the family members of the accuser. To many that will be a feature not a bug.
I call it a “new” crime, but that is a misnomer. The Scottish Government – soon to be the Scottish State if the ruling party of the current Scottish Government has its way – is set to return to methods of maintaining order that are very old.