Hate Crime and Public Order (Scotland) Bill: Questions for the Cabinet Secretary for Justice

The Scottish Parliament's Justice Committee will begin consideration of the Hate Crime and Public Order (Scotland) Bill at Stage 1 and will take evidence from Cabinet Secretary for Justice on Tuesday 27 October. Below are questions to which we suggest…

The Hate Crime and Public Order (Scotland) Bill: Views from Scottish policing

In April 2020 the Scottish Government published the Hate Crime and Public Order (Scotland) Bill. The Bill aims to consolidate existing hate crime legislation, introduce new protected characteristics, introduce new provisions for stirring up hatred for all characteristics, and abolish…

The limits of precedent and the special case of racial hatred

In response to a recent parliamentary question by Labour MSP James Kelly on the proposed stirring up hatred offences in the Hate Crime and Public Order (Scotland) Bill, and whether these should be fully deleted or heavily amended, the First…

Should ‘Variations in Sex Characteristics’ be included in the Hate Crime and Public Order Bill?

The Hate Crime and Public Order Bill provides for ‘Variations in Sex Characteristics’ (VSCs) as a standalone protected characteristic. This represents a change from the Offences (Aggravation by Prejudice) (Scotland) Act 2009, which currently classifies ‘intersexuality’ under ‘transgender identity’. The…

Defining transgender identity in the Hate Crime and Public Order Bill and beyond

This blog looks at how the characteristic ‘transgender identity’ is defined in the Hate Crime and Public Order Bill, and in public policy more widely. We argue that a failure to clarify what is meant by this term is likely…

Domino effects: the implications of the framing the sex question in the 2021 census

The UK is losing robust data on sex and the framing of the sex question in the 2021 census is set to make the situation worse.   The sex question in the 2021 census will ask whether a person is…