The new law gives few assurances
I read Lucy Hunter Blackburn on the hate crime bill a day or two ago but not as anxiously as I did just now. Since the new law will apparently apply to anyone anywhere, the sitch is worse than I realized.
The new law gives few assurances for protecting freedom of speech: there’s a small caveat for religion, but not for what have become known as gender-critical beliefs. Those who campaign against gender self-ID fear they will soon be reported to the police. Joanna Cherry KC, a Scottish Nationalist MP, has said she has ‘no doubt’ that the law ‘will be weaponised by trans rights activists to try to silence, and worse still, criminalise women who do not share their beliefs’.
And the women in question don’t have to be Scots or in Scotland.
The law doesn’t just apply to social media posts or newspaper articles. It covers anything said anywhere – even in your own home. Children will in theory be able to report their parents. Scots can inform on each other anonymously, through an expanded network of ‘third-party reporting centres’. The list of centres includes a striking number of university campuses, as well as a Glasgow sex shop and a North Berwick mushroom farm.
It will not be deemed abusive to engage ‘solely’ in ‘discussion or criticism’ about age or any of the other new entries on the list. It is expressly permitted to voice ‘antipathy, dislike, ridicule or insult’ for religion, but – pointedly – not for the other categories on the list. So what if you ridicule police who refer to male rapists as women? That’s anyone’s guess.
And if it’s anyone’s guess…well what if we guess wrong? What if we’re too optimistic?
The way the law will be enforced will come down to police guidance, which remains secret. We have had anxious hints, leaks and whispers from frontline officers who have their own concerns about what lies ahead. The main training resource is a two-hour online course which is ‘not fit for purpose’ according to David Kennedy, general secretary of the Scottish Police Federation. ‘We are asking officers to police a law that they are unprepared for,’ he says. ‘That’s where mistakes will happen.’ He regards the whole project as ‘a recipe for disaster’. One of the leaks from Police Scotland training shows that comics and actors may be in trouble. The guidance tells officers that ‘threatening and abusive’ material can be communicated ‘through public performance of a play’.
Last week, Police Scotland promised Murray Blackburn Mackenzie, the group of policy analysts to which I belong, that we could see the core training package before 1 April. This viewing has been pushed back until after the Act is in force. The country is, even now, still in the dark.
So there’s this law, that will empower cops to arrest people and make their lives hell, and the particulars are being kept secret until after it’s in force.
efore the law was passed, Yousaf promised critics that he would at least give them some input into the post-legislation process. ‘We are in listening mode,’ he said. He shamelessly and unapologetically broke his promise. The Scottish government has instead adopted a bunker approach and locked itself in a room with its allies.
So as far as anyone can tell, a person who is accused of hate speech, fairly or not, stands a good chance of being investigated by Scottish police. And even if their comment is judged not to be a crime, it is still recorded as a non-crime hate incident (NCHI). Police in England have been told to strike from the record complaints that are ‘trivial, irrational, or if there is no basis to conclude that an incident was motivated by hostility’. Twitter spats over gender are offered as an explicit example of what England’s police have no business getting involved in. There is no similar guidance in Scotland.
But! But! As we (or at least I) just learned, the Scottish law applies in England.
Things will go wrong with this Act, as is inevitable when there are attempts to crack down on a problem that is not properly defined. The odds are that clarity will be provided in the end by judges asked to balance Yousaf’s law against freedom of expression with the Human Rights Act. But this will take months, perhaps years.
And people will have been put through hell.
People across Scotland are now discussing whether they should be deleting their old WhatsApp chats, for fear they may be being dredged for evidence of ‘hate’ against a threshold which they have no confidence will always be applied ‘reasonably’.
But now we learn that people everywhere should be discussing that.
I guess this is “Be kind, OR ELSE!” With this kind of aspirational authoritarianism, can “re-education” be far behind?
I wonder how many Scots had any inkling that they were about to be teleported back in time to East Germany? Berlin Wall; Hadrian’s Wall: what’s the difference?
The Romans built Hadrian’s Wall to keep their empire safe from the likes of my marauding ancestral Scots. But stone walls are not much good for containing ideas. For that an ‘unwoke’ somnambulant citizenry is required, and some care to not wake them up.
Jesse Singal should go to Scotland; would be an interesting test case with him being an American citizen.
During the fight for Civil Rights in the USA, wasn’t a strategy employed to flood law enforcement and the jails with arrested individuals, to overwhelm them and make it clear that such laws were untenable? Get out there, break the unjust law, get arrested, soon the jails, court houses and police are overrun with petty “criminals”, and have no time for anything else, like, you know, crimes.
Perhaps the same strategy could be applied here?
Arcadia, there is a massive difference in UK laws, which would make even the most determined protest think twice.
Once arrested, a suspects DNA, fingerprints and personal details are on record FOREVER. Even if acquitted (false or wrongful arrest, mistaken identity) these can never be removed. When applying for work, the DBS checks (Disclosure & Barring Service) will bring it up repeatedly, never looking at why the arrest took place, or what followed. The mere arrest is enough to block work in public sectors, health, defence, and many retail roles.
It can affect insurance, mortgage and loan applications, visa applications and college/university applications, as just a few examples.
Flooding the system (already at breaking point) will not help. The individuals would have a criminal record that cannot be expunged. Again, this might be a purpose of the law, to stop even hardened protestors if they are forced to wear ankle tags whilst on bail.
Many have tried to have their details removed from databases, but ‘national interest’ wins out.
Freeminder:
Surely, this opens up a whole new field of targets for the bomb-chuckers and fire-bombers of the world; on a so much per archive basis.
It sounds like any Scots who like freedom should borrow some guillotines from the French to use on anyone who voted for that law.