Tuesday 15 Jan 2008 @ 11:24
Scottish Government
Scottish Government
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Hate crime laws to be extended
Hate crime legislation is to be strengthened to protect disabled people and those from the lesbian, gay, bisexual and transgendered communities.
The Scottish Government has given its backing to Green MSP Patrick Harvie's proposal for a Sentencing of Offences Aggravated by Prejudice (Scotland) Bill.
The legislation will be taken forward early this year as a handout Member's Bill.
Justice Secretary Kenny MacAskill said:
"Living in safe and strong communities is an essential part of our positive vision for Scotland. For too many people that vision is blurred by the fear of crime and intolerance.
"While good government needs a clear vision we must also deal decisively with immediate problems. To do otherwise would compromise public safety - that is why I am delighted to announce today Government support for a bill which will extend statutory aggravations to cover crimes motivated by malice or ill will towards victims based on their sexual orientation, transgender identity or disability.
"No one in Scotland should be targeted or victimised because of their sexual orientation, transgender identity or disability. Our clear aim is to prevent and deter crimes. But where crime does happen it will not be tolerated.
"I'd like to pay tribute to Patrick Harvie for his contribution and support in helping to keep this near the top of the government's agenda. Through early, productive discussions with Mr Harvie we were able to decide on how best to achieve our shared aim."
Mr Harvie said:
"For too long our justice system has been oblivious to the motivation behind hate crimes against lesbian, gay, bisexual and transgendered Scots, as well as Scots with disabilities. These proposals will, if Parliament backs them, mean these divisive and scarring crimes are deterred more effectively and taken more seriously, just as racially motivated attacks already are.
"We want to see a Scotland where these offences are made a thing of the past and where all Scots are treated with dignity and respect. This bill would also mean that proper records of this kind of attacks are kept for the first time, so we can see what progress is being made each year towards that goal.
"I am personally very pleased to have the support of Kenny MacAskill and the Scottish Government for my Bill. This is how the new politics should work - Government and opposition parties working closely together on issues where they agree - and I now urge Members from all parties to support these changes in Parliament."
Morag Alexander, Scotland Commissioner for the Commission for Equality and Human Rights, said:
"If you have a mental health problem or a learning disability, of if you are gay or transgendered, you are more likely to have experienced abuse, threats and violence, simply because of who you are - this is unacceptable in 21st Century Scotland.
"We welcome these proposals to give the police, prosecutors and the courts the powers they need to monitor and tackle these types of offence. If we are to create a Scotland which is ambitious, fair and confident then it is only right that disabled, lesbian, gay and transgender people are able to go about their daily lives as equal citizens - these proposals are major step forward in making that happen."
Tim Hopkins, Policy and Legislation worker for the Equality Network, said:
"We welcome the Government's support for Patrick's bill and look forward to its progress through the Parliament. One in four gay people have been victims of homophobic violence, and two thirds have been threatened or harassed. This bill is a vital tool to help the justice system recognise the scale of the problem and respond accordingly."
Chief Constable Ian Latimer of Northern Constabulary, speaking on behalf of the Association of Chief Police Officers in Scotland (ACPOS), said:
"The Scottish Police Service is committed to the provision of a quality service that is fair, accessible and meets the needs of all individuals.
"ACPOS supports proposals to bring in an aggravation to offences where the motive is malice towards any group within the diverse communities we serve.
"The public should have confidence that the Scottish Police Service rigorously investigates these types of crimes and will make full use of any new measures available."
The Scottish Government proposes to extend statutory aggravations where a crime is motivated by hostility or ill will towards a victim based on their actual or presumed sexual orientation, transgender identity or disability. The term 'hate crime' is used in this news release to cover such offences and references to 'presumed' means presumed by the offender.
This follows on from the recommendations of the Working Group on Hate Crime. This was set up by the Scottish Government under the former administration to consider improvements, including legislation, which might be made to deal with crimes based on hatred towards social groups. The Group's report, published on October 8, 2004, made 14 recommendations covering the criminal justice system and other areas.
On October 2, Patrick Harvie MSP lodged a draft proposal to introduce a Member's Bill which will extend existing statutory aggravations to cover crimes motivated by malice or ill will towards victims based on their sexual orientation, transgender identity or disability. His final proposal was lodged on November 22. As the Scottish Government has opted to back Mr Harvie's Bill, it will be taken forward as a Handout Bill - a member's bill which is sponsored and supported by the Government.
Statutory aggravations already exist for racially or religiously motivated crimes. Section 96 of the Crime and Disorder Act 1998 made provision in Scotland for offences motivated by racial prejudice, requiring courts to take this aggravation into account when determining sentence. Likewise, section 74 of the Criminal Justice (Scotland) Act 2003 made provision for offences motivated by religious prejudice
Related Information
The Scottish Government has given its backing to Green MSP Patrick Harvie's proposal for a Sentencing of Offences Aggravated by Prejudice (Scotland) Bill.
The legislation will be taken forward early this year as a handout Member's Bill.
Justice Secretary Kenny MacAskill said:
"Living in safe and strong communities is an essential part of our positive vision for Scotland. For too many people that vision is blurred by the fear of crime and intolerance.
"While good government needs a clear vision we must also deal decisively with immediate problems. To do otherwise would compromise public safety - that is why I am delighted to announce today Government support for a bill which will extend statutory aggravations to cover crimes motivated by malice or ill will towards victims based on their sexual orientation, transgender identity or disability.
"No one in Scotland should be targeted or victimised because of their sexual orientation, transgender identity or disability. Our clear aim is to prevent and deter crimes. But where crime does happen it will not be tolerated.
"I'd like to pay tribute to Patrick Harvie for his contribution and support in helping to keep this near the top of the government's agenda. Through early, productive discussions with Mr Harvie we were able to decide on how best to achieve our shared aim."
Mr Harvie said:
"For too long our justice system has been oblivious to the motivation behind hate crimes against lesbian, gay, bisexual and transgendered Scots, as well as Scots with disabilities. These proposals will, if Parliament backs them, mean these divisive and scarring crimes are deterred more effectively and taken more seriously, just as racially motivated attacks already are.
"We want to see a Scotland where these offences are made a thing of the past and where all Scots are treated with dignity and respect. This bill would also mean that proper records of this kind of attacks are kept for the first time, so we can see what progress is being made each year towards that goal.
"I am personally very pleased to have the support of Kenny MacAskill and the Scottish Government for my Bill. This is how the new politics should work - Government and opposition parties working closely together on issues where they agree - and I now urge Members from all parties to support these changes in Parliament."
Morag Alexander, Scotland Commissioner for the Commission for Equality and Human Rights, said:
"If you have a mental health problem or a learning disability, of if you are gay or transgendered, you are more likely to have experienced abuse, threats and violence, simply because of who you are - this is unacceptable in 21st Century Scotland.
"We welcome these proposals to give the police, prosecutors and the courts the powers they need to monitor and tackle these types of offence. If we are to create a Scotland which is ambitious, fair and confident then it is only right that disabled, lesbian, gay and transgender people are able to go about their daily lives as equal citizens - these proposals are major step forward in making that happen."
Tim Hopkins, Policy and Legislation worker for the Equality Network, said:
"We welcome the Government's support for Patrick's bill and look forward to its progress through the Parliament. One in four gay people have been victims of homophobic violence, and two thirds have been threatened or harassed. This bill is a vital tool to help the justice system recognise the scale of the problem and respond accordingly."
Chief Constable Ian Latimer of Northern Constabulary, speaking on behalf of the Association of Chief Police Officers in Scotland (ACPOS), said:
"The Scottish Police Service is committed to the provision of a quality service that is fair, accessible and meets the needs of all individuals.
"ACPOS supports proposals to bring in an aggravation to offences where the motive is malice towards any group within the diverse communities we serve.
"The public should have confidence that the Scottish Police Service rigorously investigates these types of crimes and will make full use of any new measures available."
The Scottish Government proposes to extend statutory aggravations where a crime is motivated by hostility or ill will towards a victim based on their actual or presumed sexual orientation, transgender identity or disability. The term 'hate crime' is used in this news release to cover such offences and references to 'presumed' means presumed by the offender.
This follows on from the recommendations of the Working Group on Hate Crime. This was set up by the Scottish Government under the former administration to consider improvements, including legislation, which might be made to deal with crimes based on hatred towards social groups. The Group's report, published on October 8, 2004, made 14 recommendations covering the criminal justice system and other areas.
On October 2, Patrick Harvie MSP lodged a draft proposal to introduce a Member's Bill which will extend existing statutory aggravations to cover crimes motivated by malice or ill will towards victims based on their sexual orientation, transgender identity or disability. His final proposal was lodged on November 22. As the Scottish Government has opted to back Mr Harvie's Bill, it will be taken forward as a Handout Bill - a member's bill which is sponsored and supported by the Government.
Statutory aggravations already exist for racially or religiously motivated crimes. Section 96 of the Crime and Disorder Act 1998 made provision in Scotland for offences motivated by racial prejudice, requiring courts to take this aggravation into account when determining sentence. Likewise, section 74 of the Criminal Justice (Scotland) Act 2003 made provision for offences motivated by religious prejudice
Related Information
