Hate Crime and Public Order (Scotland) Bill
- Submitted by: Liam Kerr, North East Scotland, Scottish Conservative and Unionist Party.
- Date lodged: Monday, 07 September 2020
- Motion reference: S5M-22636
- Current status: Taken in the Chamber on Wednesday, 09 September 2020
Motions as amended
That the Parliament believes that hate crimes are a blight on society in Scotland and must be dealt with robustly; considers that the development of hate crime law in Scotland has been carried out in a piecemeal fashion, resulting in fragmented legislation; notes that calls have been made for the consolidation of hate crime law for more than a decade; believes that freedom of expression is a critically important human right, and that Article 10 of the European Convention on Human Rights (ECHR) protects it within the context of factors such as the prevention of crime and protecting the rights of others; recognises that stirring up racial hatred has been the basis of criminal offences since 1986 and is clearly compatible with ECHR; welcomes the Scottish Government’s commitment to examine the development of an offence on misogynistic harassment and looks forward to the working group on misogynistic harassment’s output on this matter, and commits to listen to all serious views on ways to improve the Hate Crime and Public Order (Scotland) Bill as part of the normal process of parliamentary scrutiny and to consider how best to ensure that all forms of hate crime are taken seriously.
Supported by:
Donald Cameron, Murdo Fraser, Graham Simpson, Liz Smith, Adam Tomkins
Vote
Result 89 for, 30 against, 0 abstained, 10 did not vote Vote Passed
Scottish National Party
- 58 for
- 0 against
- 0 abstained
- 3 did not vote
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For
- Aileen Campbell
- Alasdair Allan
- Alex Neil
- Angela Constance
- Angus MacDonald
- Annabelle Ewing
- Ash Regan
- Ben Macpherson
- Bill Kidd
- Bob Doris
- Bruce Crawford
- Christina McKelvie
- Christine Grahame
- Clare Adamson
- Clare Haughey
- Colin Beattie
- David Torrance
- Emma Harper
- Fergus Ewing
- Fulton MacGregor
- Gail Ross
- George Adam
- Gil Paterson
- Gillian Martin
- Gordon MacDonald
- Graeme Dey
- Humza Yousaf
- Ivan McKee
- James Dornan
- Jamie Hepburn
- Jenny Gilruth
- Joan McAlpine
- Joe FitzPatrick
- John Mason
- John Swinney
- Kate Forbes
- Keith Brown
- Kenneth Gibson
- Kevin Stewart
- Linda Fabiani
- Mairi Gougeon
- Maree Todd
- Maureen Watt
- Michael Matheson
- Michael Russell
- Paul Wheelhouse
- Richard Lochhead
- Richard Lyle
- Rona Mackay
- Roseanna Cunningham
- Ruth Maguire
- Sandra White
- Shirley-Anne Somerville
- Shona Robison
- Stewart Stevenson
- Stuart McMillan
- Tom Arthur
- Willie Coffey
Against
0Abstained
0Did not vote
Scottish Conservative and Unionist Party
- 0 for
- 30 against
- 0 abstained
- 1 did not vote
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For
0Against
- Alexander Burnett
- Alexander Stewart
- Alison Harris
- Annie Wells
- Bill Bowman
- Brian Whittle
- Dean Lockhart
- Donald Cameron
- Edward Mountain
- Finlay Carson
- Gordon Lindhurst
- Graham Simpson
- Jackson Carlaw
- Jamie Greene
- Jamie Halcro Johnston
- Jeremy Balfour
- John Scott
- Liam Kerr
- Liz Smith
- Margaret Mitchell
- Maurice Corry
- Maurice Golden
- Michelle Ballantyne
- Miles Briggs
- Murdo Fraser
- Oliver Mundell
- Peter Chapman
- Rachael Hamilton
- Ruth Davidson
- Tom Mason
Abstained
0Did not vote
Scottish Labour
- 20 for
- 0 against
- 0 abstained
- 3 did not vote
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For
- Alex Rowley
- Anas Sarwar
- Claire Baker
- Claudia Beamish
- Colin Smyth
- Daniel Johnson
- David Stewart
- Elaine Smith
- Jackie Baillie
- James Kelly
- Johann Lamont
- Lewis Macdonald
- Mary Fee
- Monica Lennon
- Neil Bibby
- Neil Findlay
- Pauline McNeill
- Rhoda Grant
- Richard Leonard
- Sarah Boyack
Against
0Abstained
0Did not vote
Scottish Green Party
- 6 for
- 0 against
- 0 abstained
- 0 did not vote
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For
Against
0Abstained
0Did not vote
0Scottish Liberal Democrats
- 5 for
- 0 against
- 0 abstained
- 0 did not vote
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For
Against
0Abstained
0Did not vote
0Independent
- 0 for
- 0 against
- 0 abstained
- 2 did not vote
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No Party Affiliation
- 0 for
- 0 against
- 0 abstained
- 1 did not vote
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Original motion text
That the Parliament believes that hate crimes are a blight on society in Scotland and must be dealt with robustly; notes that the right to freedom of expression is the cornerstone of democracy and must never be compromised; believes that the significant number of responses to the Scottish Government consultation on its proposed Hate Crime and Public Order (Scotland) Bill highlight the significant and valid concerns that the Bill would be an attack on free speech, and urges the Scottish Government to accept these criticisms, remove its proposed Bill and immediately begin work with stakeholders and others to draft the legislation that is needed to tackle hate crime in Scotland, while not threatening to make free speech a crime.
Accepted amendments
Hate Crime and Public Order (Scotland) Bill - Amendment - Amendment
Submitted by: John Finnie, Highlands and Islands, Scottish Green Party, Date lodged: Tuesday, September 8, 2020
Supported by: Patrick Harvie
Current status: Taken in the chamber on Wednesday, September 9, 2020
Result 31 for, 30 against, 58 abstained, 10 did not vote Vote Passed
Hate Crime and Public Order (Scotland) Bill - Amendment - Amendment
Submitted by: Humza Yousaf, Glasgow Pollok, Scottish National Party, Date lodged: Tuesday, September 8, 2020
Supported by: Ash Regan
Current status: Taken in the chamber on Wednesday, September 9, 2020
Result 58 for, 55 against, 6 abstained, 10 did not vote Vote Passed
Amendments that have not been voted on
Hate Crime and Public Order (Scotland) Bill - Amendment - Amendment
Submitted by: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date lodged: Tuesday, September 8, 2020
Current status: Taken in the chamber on Wednesday, September 9, 2020
Hate Crime and Public Order (Scotland) Bill - Amendment - Amendment
Submitted by: Rhoda Grant, Highlands and Islands, Scottish Labour, Date lodged: Tuesday, September 8, 2020
Current status: Taken in the chamber on Wednesday, September 9, 2020