Question reference: S6W-04991
- Asked by: Donald Cameron, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
- Date lodged: 15 December 2021 Registered interest
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Current status: Answered by Keith Brown on 23 December 2021
Question
To ask the Scottish Government what its position is on whether the ruling of the European Court of Human Rights on Pal vs The United Kingdom [2021] ECHR 990 has any implications for the application of the Hate Crime and Public Order (Scotland) Act 2021, and, if it considers there are implications, what they are.
Answer
The ruling of the European Court of Human Rights in Pal vs The United Kingdom [2021] ECHR 990 relates to the police’s decision to arrest the applicant on suspicion of having committed an offence of ‘harassment’ under section 2 of the Protection from Harassment Act 1997. That does not operate in Scots criminal law.
While the case concerned the actions of the authorities in particular circumstances, it is a reminder that the police are required in the course of their duties to respect an individual’s human rights – including their right to freedom of expression. This is not a new requirement and it will continue to be the case as new laws are implemented.