Right to Protest (Hate Crime and Public Order (Scotland) Act 2021)

First Minister’s Question Time – in the Scottish Parliament at on 9 October 2025.

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Photo of John Mason John Mason Scottish National Party

We all support the right to protest, assemble, march, and so on, yet the Hate Crime and Public Order (Scotland) Act 2021 makes it an offence to stir up hatred. Does the First Minister think that we have, or can achieve, the right balance? Some groups, such as Catholic and Irish people, feel threatened by the repeated Orange marches in Glasgow, and Jewish people feel threatened by the repeated pro-Palestinian protests.

Photo of John Swinney John Swinney Scottish National Party

That is a sensitive issue and I have to be careful, because we are in territory in which Police Scotland has to make careful judgments about a variety of long-standing circumstances in Scottish society. Some of the issues are easier to handle than others.

Fundamentally, I believe that we have to recognise the right to peaceful, respectful public assembly and freedom of expression. We all enjoy that right and are committed to upholding it. However, the right to peaceful assembly and freedom of expression should never be used to carry out or justify any form of hateful, violent, intimidating or otherwise criminal behaviour. Any form of hate crime is completely and utterly unacceptable. The 2021 act includes rigorous safeguards on free speech, which we respect everybody’s right to.

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