SDEF - News Item - Jackie Baillie

Green proposal to strengthen law on hate crimes widely welcomed

Patrick Harvie MSP has today lodged a bill proposal in the Scottish Parliament to strengthen the law to tackle hate crimes against people based on their disability or sexual orientation. (1) The move will introduce 'statutory aggravation' power to ensure that abuse and violence towards these groups is treated the same as religious bigotry and racism, and providing courts with clear and consistent sentencing powers.

Greens are hopeful that the law will be widely accepted and agreed by a majority in the parliament. Libdems, SNP and Greens all included this legal move in their manifestos for the recent election and it was recommended by a government working group in 2004 which included the Crown Office, Police, and organisations representing people facing prejudice on grounds of age, disability, gender and sexual orientation. (2) The new Scottish head of the Equality and Human Rights Commission has just stated the Commission's intention to seek strengthening of hate crime laws in this way. (3)

Greens see this move as a vital one in furthering equality in Scotland, which also reinforces the party's stance on equality and non-violence. Robin Harper kick-started parliamentary work toward this measure in the first session of the Scottish Parliament.

Patrick Harvie MSP, Green Party Policy Convener said: "I was deeply disappointed that the last Executive decided not to press ahead with this simple but important measure. We know that the hate crime laws which protect religious groups and minority ethnic communities are useful not only in individual cases, but also in focusing police attention on the problem. Disabled people and sexual minorities deserve no less protection from prejudice and bigotry.

"This measure should gain cross party support - I want to urge all political parties to show that their commitments on tackling prejudice in Scotland will be followed through. It would be a great show of unity if this Bill was passed with the support of all the parties which supported this measure south of the border, as well as the Scottish parties."

Tim Hopkins, Equality Network spokesperson (a national lesbian, gay, bisexual and transgender network in Scotland) said: "We very much welcome this proposal. There are too many hate crimes in Scotland, and anyone can be a victim of an anti-gay hate crime. This change will allow the justice system to recognise the hate element of these crimes, as they already do for racist and sectarian crimes. It will help make Scotland a safer place for everyone."

Speaking on behalf of the Association of Chief Police Officers Scotland (ACPOS), ACC Neil Richardson of Lothian and Borders Police said: "The Association of Chief Police Officers in Scotland considers all crime motivated by hate as utterly intolerable. This addition to the legislation will send a clear message of support to lesbian, gay, bisexual and transgender people and should assist in giving increased confidence to those who are, or become, victims of homophobic or transphobic crimes to report the circumstances to the Police."

Inspector David Lyle, Scottish Co-ordinator of the Gay Police Association said: "The Gay Police Association strongly supports the expansion of hate crime legislation in Scotland to protect lesbian, gay, bisexual and transgender people and welcomes this proposal, as was originally recommended by the Working Group on Hate Crimes, set up by the Scottish Executive. The effects of such abhorrent crimes on people's lives can be devastating and it is absolutely right that the full power of the law should be brought to bear on those who commit them."

Charlie McMillan, Director of Research, Influence and Change at the Scottish Association for Mental Health said: "SAMH has consistently called for hate crime legislation to cover disability. We welcome moves to offer greater protection to people with mental health problems and other disabilities, who experience harassment all too often. There is no place in Scotland for hate crime."

In parts of Scotland, police report that incidents directed at people based on their sexual orientation are twice as common as faith-based incidents, yet the law is much weaker. One study indicated that 36% of the LGBT community had been exposed to abuse or violence in a one year period compared to just 2.5% of the general population. A recent survey of disabled people in Scotland found that 47% had experienced hate crime because of their disability. 31% of those people experienced verbal abuse, intimidation or physical attacks at least once a month. (4)

Notes to Editors 1. The proposal for a Scottish Parliament Member's Bill has been lodged with the parliament by Patrick Harvie. 'Sentencing of Offences Aggravated by Prejudice (Scotland) Bill. An Act of the Scottish Parliament to require the aggravation of an offence by prejudice on grounds of disability, sexual orientation or transgender identity to be taken into account in sentencing.

2. Recommendation of the Scottish Executive's working group in 2004: The Scottish Executive should introduce a statutory aggravation as soon as possible for crimes motivated by malice or ill-will towards an individual based on their sexual orientation, transgender identity or disability.

The Association of Chief Police Officers (ACPO) defines hate crime as "a crime where the perpetrator's prejudice against any identifiable group of people is a factor in determining who is victimised."

3. http://www.sundayherald.com/news/heraldnews/display.var.1724290.0.new_commissioner_pledges_action_on_gay_rights_and_equal_pay_for_women.php

4. A background briefing is available from the press office which includes a chronology of moves for hate crime legislation in Scotland, evidence on the prevalence of hate crime and case studies.

02.10.07 -� New law to tackle hate crime proposed by Greens