Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

JIM SPENCE: SNP have divided country with hate crime law and put intolerable pressure on our police officers

The problem with this act isn’t just the possibility of being convicted of a hate crime – the unintended consequences of the law are also a major worry.

Campaigners outside Holyrood on Monday to protest against hate crime laws. Image: Lesley Martin/PA Wire
Campaigners outside Holyrood on Monday to protest against hate crime laws. Image: Lesley Martin/PA Wire

Frontline officers have been put under intolerable pressure by the new hate crime law which appropriately came into force on April Fool’s Day.

Police Scotland is under the cosh from swathes of Scottish society angry at what they see as the dangerous curtailment of free speech.

But the job of a police force is to enforce the law.

They don’t have to like it and from what I can see very few do – yet they have to discharge their sworn duties in effecting the law of the land.

And they have to do this no matter how foolish and unworkable those laws are in practice, as opposed to how they sound in theory in the playground of Holyrood where naïve politicians railroaded this through without listening to the reasoned amendments proposed by the few sensible voices warning of the potential pitfalls.

Imbued with their desperate desire to virtue signal and display the milk of human kindness to ensure no one should ever be upset, hurt or offended, they’ve passed a law which has managed to unite folk across the political spectrum in opposition to it.

JK Rowling wears t-shirt accusing Nicola Sturgeon of ‘destroying women’s rights’.
Campaigners gather outside Scottish Parliament at Holyrood on day hate crime law introduced. Image: Lesley Martin/PA Wire

The list of those with concerns includes JK Rowling, SNP MP Joanna Cherry, Dean of the Faculty of Advocates Roddy Dunlop KC, the Scottish Police Federation and the Association of Scottish Police Superintendents.

The SNP-Green coalition pushed this through but they were backed by Labour and the Liberal Democrats too.

Unintended consequences

The average response cop dealing with much of the vexatious verbiage which will pass for hate allegations has been given a two-hour online training module and is now expected to handle complaints which could see those charged and convicted go to jail for up to seven years.

Interpreting the Hate Crime and Public Order (Scotland) Act 2021 already divides those who’ve studied and practiced law, from everyday working solicitors to King’s Counsel.

So what hope does the everyday beat cop, with a couple of hours of study sandwiched between the wide variety of jobs they do, have in assessing complaints sensibly under this legislation?

The problem with this act isn’t just the possibility of being convicted of a hate crime – it’s the unintended consequences of the law that are also a major worry, as Murdo Fraser has discovered.

Murdo Fraser
Scottish Conservative MSP Murdo Fraser. Image: Andrew Cowan/Scottish Parliament.

The Tory MSP found out by chance that a complaint against him for a post on X in which he’d joked about SNP gender policies, although not a hate crime, had been kept on file as a “non-hate crime incident”.

Such recording of something which is not illegal could seriously damage someone’s future job opportunities in sectors where disclosures may be made to some prospective employers or voluntary organisations.

(Note – Police Scotland has recorded non-crime hate incidents for several years. During an enhanced disclosure, and at the chief constable’s discretion, police can share information they hold with prospective employers.)

Officers are under instructions to record incidents based on the perception of those who’ve been offended and feel they’ve been a victim of a hate crime.

The notion of offence is therefore a completely subjective one decided by the individual complainant.

‘Illiberal government’

The SNP have already come a cropper on the Offensive Behaviour at Football Act and the Named Persons Act.

Both were illiberal pieces of legislation from an illiberal government.

Now in trying to tackle hate they’ve simply further divided the country, with women’s groups for instance angry they’re excluded while transgender people are included as a protected group.

I suspect the protests at Holyrood on Monday, which attracted widespread support from across the political divide, will now multiply mightily as folk fight back to change this bad law.

Conversation