It’s been a long time coming, but…

GREEN LAW ON HATE CRIMES COMES INTO EFFECT

Today Patrick Harvie MSP’s Offences (Aggravation by Prejudice) (Scotland) Act 2009 will come into effect, extending the principle of statutory aggravations to cover grounds of hatred based on disability, sexual orientation and transgender identity.

Statutory aggravations, which empower courts to hand down a tougher sentence for the same crime, rather than introducing any new offence, are already in force for crimes motivated by religious or racial hatred. This Act is the first piece of Green legislation passed by the Scottish Parliament, and was supported by Scottish Ministers through the “handout bill” process. (1)

Patrick Harvie MSP said:

“From today, perpetrators of hate crimes against disabled and LGBT Scots will be put on notice. Courts can now take account of the true nature of their crimes when sentencing, and the police will be gathering data to see how effectively these offences are being tackled.

“Personally, I am also delighted to see Scotland’s first Green-initiated legislation go onto the statute books, and I have been pleased to work very closely with the Scottish Government on the issue. Both Ministers and civil servants have clearly shared my desire to eliminate these offences which divide communities and blight lives.”

Kenny Macaskill MSP, Cabinet Secretary for Justice, said:

“There is no excuse for any form of hate crime; it is simply not acceptable and it will not be tolerated. When it does happen, victims must have the confidence to report it, confident that they will receive a good level of service from the police and other agencies.

“That is exactly why we’ve got this new legislation coming into force which will rightly put these kinds of crimes on the same footing as racist incidents. This sends out a strong message that hate crime against LGBT and disabled people will not be tolerated. These kinds of measures are absolutely crucial, but we also want to tackle the root causes of the prejudice and discrimination which underpins bullying, or hate crime towards LGBT and disabled people.

“We want to exceed the requirements of the anti-discrimination legislation, and to develop proactive policy and practice which actively promotes equality and inclusion for LGBT and disabled people in Scotland. This aspiration is based on a fundamental belief in the value of equality for all of our country.”

Notes

1. See: www.scotland.gov.uk

Green bill on hate crime passed by Parliament!

The Scottish Parliament today passed Green MSP Patrick Harvie’s Offences (Aggravation by Prejudice) (Scotland) Bill without opposition and without any amendments. (1) The legislation, which has received significant support from Scottish Ministers, will now go to the Queen for Royal Assent.

Statutory aggravations already exist to cover offences motivated by religious or racial hatred, allowing Scots courts to issue tougher sentences. This legislation will now extend that principle to cover hatred based on disability, sexual orientation and transgender identity.

Patrick Harvie MSP said:

“The Parliament has today spoken with one voice, and this is a day all Scots can be proud of. At last, our courts will be required to hand down sentences for hate crimes against LGBT and disabled Scots that reflect the true nature of these crimes, just as they already can for offences motivated by racial or religious hatred.

“Some people still think Greens only deliver on the environment, but a tolerant Scotland at ease with itself is a crucial part of our vision too. This legislation is a small but significant step in that direction, but I personally will never be satisfied until these abhorrent crimes are a thing of the past altogether.

“I would also like to thank all those who have helped this Bill get onto the statute books, including those brave victims who have been prepared to come forward as well as a wide range of voluntary organisations, the police, and Scottish Ministers.”

Justice Secretary Kenny MacAskill said:

“No one in Scotland should have a crime committed against them simply on the basis of disability or sexual orientation. With hate crime, that is exactly what happens.

“This sends a clear message that prejudice, hatred and crime aimed at specific groups is unacceptable and will not be tolerated. That’s why I am pleased that the Bill has now been passed by Parliament.

“The Bill will improve the way the courts deal with these crimes. If it’s shown that the motivation for an offence was hostility and ill-will based on sexual orientation, transgender identity or disability, that will now be taken into account and the sentence be able to reflect that.”

Notes

1. For more information about the legislation, see:
www.scottish.parliament.uk

Progress on hate crimes bill

GREEN MSP MEDIA RELEASE

For immediate release 18 March 2009

HATE CRIMES BILL BACKED BY ALL PARTIES

At 5pm today Holyrood unanimously backed Green MSP Patrick Harvie’s hate crimes bill at Stage One, following the Justice Committee’s recommendation that Parliament support the general principles of the legisiation. (1) This decision means the bill will soon start its final round of Committee scrutiny before coming back to the Chamber for a final vote.

Patrick Harvie MSP said:

“I’m delighted to see Parliament come to consensus on this issue. Today’s debate is an excellent illustration of the progress we have made as a country towards overcoming prejudice, and I am now extremely confident that this proposal will pass into law before the summer.

“These are crimes against whole communities, crimes which the vast majority of Scots abhor. Recording the numbers of hate crimes will hasten their elimination. Empowering our courts to take account of the nature of these offences when passing sentence will also bring us closer to their end. I am delighted that Parliament has taken a small but significant step in that direction, and I would like to thank colleagues from all parties for their support today.”

Notes

1. See: http://www.scottish.parliament.uk/s3/committees/justice/reports-09/jur09-06.htm

Justice Committee backs the hate crime bill

Patrick Harvie MSP today welcomed the publication of the Justice Committee’s Stage 1 report into the general principles of his Offences (Aggravation By Prejudice) (Scotland) Bill. (1) The Committee has endorsed the principles of the Bill, which would allow courts to issue tougher sentences for existing offences where the motivation for the crime was hatred based on disability, sexual orientation or transgender identity. Similar statutory aggravations are already in effect for crimes motivated by religious or racial hatred.

Next, Parliament as a whole will vote on this report after a Stage 1 Debate, due on the 18th of this month. Scottish Ministers have backed the legislation, and are providing clerking and legal support to Patrick Harvie through the “handout bill” process. (2)

Patrick Harvie MSP said:

“The Justice Committee has heard substantial evidence of the need for this Bill to tackle the prejudice which underlies these crimes, and has concluded that these proposals should indeed be supported by Parliament. I welcome that verdict, and thank the Committee for their hard work.

“I am now increasingly hopeful that this legislation will pass. If it does, Parliament will help fix a historic anomaly and provide a vital legal protection for LGBT and disabled Scots.”

Notes

1. For more information on the Offences (Aggravation By Prejudice) (Scotland) Bill, see:

http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm

2. See: http://www.scotland.gov.uk/News/Releases/2008/01/15105227

Hate crimes bill is important for Scotland’s reputation

Patrick Harvie MSP today gave evidence on his proposed hate crimes legislation to Holyrood’s Justice Committee. His Sentencing of Offences Aggravated by Prejudice (Scotland) Bill would extend the principle of statutory aggravations to cover grounds of hatred based on disability, sexual orientation and transgender identity. (1) Statutory aggravations, which empower courts to hand down a tougher sentence for the same crime, rather than introducing any new offence, are already in force for crimes motivated by religious or racial hatred.

The Justice Committee is currently taking views on the Green proposal, and will report to the whole Parliament on the general principles of the Bill ahead of a Stage 1 vote in the Chamber. Scottish Ministers have given their backing to this proposal, and are providing clerking and legal support to Patrick Harvie through the “handout bill” process. (2)

Patrick Harvie MSP said:

“This proposal is for a straightforward Bill, a small but necessary step towards tackling prejudice. The experience of those who suffer offences motivated by hatred is well understood – crimes of this sort tend to have a more serious emotional impact, and the pain is often felt by a wider community.

“Tackling hate crimes is not a symbolic gesture, or simply an opportunity for Parliament to send a message. The Bill wouldn’t bring in any new offences, merely recognise existing offences for what they are, and allow courts to respond properly to them. Scotland’s continuing reputation as a tolerant nation depends in part on making hate crimes of this sort a thing of the past, and proper records and proper sentences for such crimes would be an important step on that path.”

Notes

1. The Bill as introduced is here, along with the supporting documents:

http://www.scottish.parliament.uk/s3/bills/09-AggPrej/index.htm

2. See: http://www.scotland.gov.uk/News/Releases/2008/01/15105227

HATE CRIMES BILL FORMALLY INTRODUCED BY PATRICK HARVIE MSP

Today sees Patrick Harvie’s Sentencing of Offences Aggravated by Prejudice (Scotland) Bill move one step closer to law with its formal introduction in Parliament. (1) The Bill has been backed by 45 backbench MSPs from all parties except the Scottish Conservatives, and Scottish Ministers have also given this legislation their full support. One of Parliament’s Committees will now be assigned to consider the general principles of the Bill before reporting back to the Parliament as a whole.

Patrick Harvie MSP said:

“Today marks another substantial move towards overcoming residual prejudice in Scotland. Disabled and LGBT Scots continue to experience some of the worst examples of intolerance and violence, and this Bill will, if Parliament backs it, help make that kind of unacceptable behaviour a thing of the past.”

Faye Gatenby, the Campaigns, Parliamentary and Policy Manager for Capability Scotland, added:

“Research conducted by Capability Scotland in 2004 clearly showed the range of difficult experiences disabled people have had in terms of discrimination, abuse and even violence. Disabled people are Scottish citizens too, with equal rights, and we need to see an end to this kind of unacceptable behaviour.

“This legislation sends a strong message that these crimes will not be accepted by Scottish society. We welcome the work that Patrick’s done on it, we’re pleased that Scottish Ministers have backed it too, and we hope it’ll receive support across the chamber.”

A picture of Patrick Harvie signing the Bill ahead of its introduction is available.

Notes

1. The full list of Bills in progress is here:

http://www.scottish.parliament.uk/business/bills/billsInProgress/index.htm

Hate Crime – the background

Way back in the first session of the Scottish Parliament, Robin Harper proposed bringing all forms of hate crime under the same system, known as ‘aggravated offences’, meaning that courts have to take account of the motivation of the offender and explain whether the sentence needs to be changed. Robin’s amendment didn’t pass on that occasion, but Ministers agreed to create a working group to look at the issue.

In due course the working group consulted, reported, and we all expected that the Sentencing Bill in the second session would be used to bring in the legislation. It wasn’t.

So by the third session I was simply tired of waiting and decided to launch this as a Member’s Bill. It’s a very simple little bill, and will hopefully get support from across the political spectrum. Indeed when it was introduced at Westminster to cover England and Wales, it passed without opposition.

I’d rather we had got the thing done by now, and the process of getting legislation passed can be frustratingly slow. But I’m very hopeful that by this time next year we’ll see the Bill pass through Parliament.