The Delegated Powers Memorandum for the Hate Crime and Public Order (Scotland) Bill contains a clause that states: “Regulations under this section may modify section 14 (meaning of the characteristics) by adding interpretative provision relating to the characteristic of sex. They may also make incidental, supplementary, consequential, transitional, transitory or saving provision, and make different provision for different purposes.”
This means that if the characteristic of “sex” is added to the Hate Crime legislation at a later date then it can be redefined by a Committee, without public consultation or Parliamentary scrutiny, and may differ from the definition given in the Equality Act:
The National Secular Society has some excellent guidance on how to submit a response on the Hate Crime Bill. They have concentrated on concerns regarding free speech with respect to religion or belief – but of course, the proposed law also seriously endangers our ability to speak up about women’s rights, oppose reforms to the Gender Recognition Act, and question the concept of gender identity.
The Hate Crime Bill and Public Order (Scotland) Bill can be found here, and information on how to submit your views to the Justice Committee is here.
Our full submission is here.
We have called for the characteristic “sex” to be added to Part 1 (aggravated offences) of the Bill and outlined how Part 2 (stirring up hatred) would seriously compromise the work of our group and everyone’s freedom to speak about women’s rights. Amendments such as removing the term “abusive” or adding freedom of expression protections for transgender identity will not fully mitigate the risks, so we are calling for Part 2 to be removed from the Bill.
Please email your views to firstname.lastname@example.org by the 24th July 2020.