Protection of Free Speech

Scotland – in the House of Commons at on 1 May 2024.

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Photo of Jerome Mayhew Jerome Mayhew Conservative, Broadland

What recent discussions he has had with the Scottish Government on the protection of free speech in Scotland.

Photo of Alister Jack Alister Jack The Secretary of State for Scotland

This Government are committed to protecting free speech. It is the responsibility of the Scottish Government and Scottish Parliament, working with Police Scotland, to ensure that the hate crime legislation is implemented and enforced in a way that protects freedom of speech and has the confidence of people in Scotland.

Photo of Jerome Mayhew Jerome Mayhew Conservative, Broadland

The Scottish Government’s Hate Crime and Public Order (Scotland) Act 2021 came into force this month and is already having a chilling impact on free speech. What lessons can the UK Government learn from the introduction of this poor legislation in Scotland?

Photo of Alister Jack Alister Jack The Secretary of State for Scotland

Yes, and Police Scotland already has stretched resources—not least because it has been checking up on the SNP finances for the last three years. My hon. Friend is absolutely right, and we do have concerns that the legislation could have a potential chilling effect on free speech, but it is for the Scottish Government to speak to their own devolved laws. For my part, I believe it is an awful piece of legislation; it lacks clarity on what constitutes an offence, and, importantly, my right hon. Friend the Prime Minister has made it very clear that the UK Government will not enact similar legislation.

Photo of Pete Wishart Pete Wishart Chair, Scottish Affairs Committee, Chair, Scottish Affairs Committee

Never before has such rubbish been uttered about a piece of legislation as has been uttered about the Hate Crime Act. In one week, the Tories have tried to repeal it—which, given that it mainly consolidates existing legislation, will leave us unprotected against islamophobia, racism and homophobia. Will the Secretary of State now issue one of his famous colonial decrees and tell the Scottish Tories to back off?

Photo of Alister Jack Alister Jack The Secretary of State for Scotland

First of all, those laws already existed—that is the important thing. Secondly, I was right about police resources. There were 8,000 hate crime reports in the first week, more than in any of the seven preceding years. It is a ridiculous, unnecessary piece of legislation.