Not reassuring.

What he says:

Neale Hanvey: The Hate Crime Act should deeply worry all women and LGB people

2nd October 2023

I MAKE no apology for what I am about to write because it may be the last time I am able to do so. In a few short months, the Scottish Government’s Hate Crime and Public Order (Scotland) Act 2021 will come into effect and my world and that of women up and down Scotland will enter a very dark place. Our contribution to political discourse will not only be ignored by government, it may cease to be lawful. Discussing the fundamental characteristic that defines us, our sex, is likely to be considered an aggravated hate crime. I still struggle to believe this illiberal control on freedom of thought and expression is happening in Scotland, the country of the Enlightenment, the country that only 10 years ago was gripped by an independence campaign of hope, vision and ambition. Growing up in the industrial macho culture of Fife was no picnic for a young gay guy like me but, despite the challenges of Aids and Section 28, I was able to forge a happy work and home life while being able to demonstrate in the workplace and in public for equality before the law. It was also an extremely tough environment for many women and there was tremendous solidarity between the women’s movement and gay rights movement as we worked together to effect legal protection in statute. Back then, many people had to conceal their sexuality at work lest they were sacked, so finding your crowd behind the blacked-out windows of a gay bar was a release and somewhere you could luxuriate in just being yourself among trusted friends. Life in the 1980s was by no means perfect but I remember those days of solidarity and shared endeavour fondly despite the tragic losses to the ravages of Aids. Under this new legislation, introduced to parliament by the current First Minister when he was justice secretary, that social world and activism of the 1980s is likely to be considered criminal. The legislation’s exclusion of “sex” and “beliefs” as protected characteristics means women do not exist as a sex class for the purposes of the act. This also casts doubt on how anyone can lawfully exercise their now-established Equality Act protections for gender-critical beliefs without that being declared a hate crime.

And although the act includes sexual orientation to be a protected characteristic, it is silent on the definition of sex, so the same applies to lesbians and gay men who are by definition homosexual and attracted exclusively to same-sex partners. [Con]sequently, the disgusting and frequently violent misogynistic abuse meted out against Joanna Cherry MP, Joan McAlpine, Johann Lamont and brave female detransitioners from cry-bully activists is not captured by this definition as a hate crime. They are all fair game in this First Minister’s Scotland.

Abuse of women is not considered a hate crime, but saying a man is a man is.

Jumping ahead:

I fully expect to be accused and arrested under this law. So far, I’ve had repeated vexatious actions against my office; I’ve suffered murderous threats as the trans rights activists cheer on.

I’ve been dragged through the media for highlighting gender reform conflicts with women’s rights and child safeguarding and I am abused regularly on social media by those who claim to be on the right side of history. Newsflash – they’re not.

The bar for prosecution is extremely low. No corroboration is required and the definition of “harassment” is ill-described and includes a wholly subjective test of “causing the person alarm or distress”. Such nebulous scope invites vexatious and malicious complaints, prosecutions, convictions and potential incarceration.

Homosexuality was not decriminalised in Scotland until 1981. This bill re-introduces this harm in its effect as it seeks to criminalise the act of defining who and what women and same-sex-attracted people are and in so doing erases the rights and protections we fought so long to establish. It must be repealed, but until then all we have is courage.

And a firm intention to stay out of Scotland.