Hate crime is the phrase used to describe behaviour which is both criminal and based on prejudice.
This is a Government bill
The Bill became an Act on 23 April 2021
This Bill was passed and is now an Act of the Scottish Parliament.
Hate crime is the phrase used to describe behaviour which is both criminal and based on prejudice.
There are already laws in place to protect certain groups from hate crime.
This Bill aims to do three things. It updates these existing laws and pulls most of these laws into one Bill. It also adds to the groups currently specifically protected by hate crime laws.
Criminal courts can generally take into account any prejudice when sentencing a person. Also, people are protected from hate crime through specific laws that apply.
People are currently protected by specific laws on the basis of:
This Bill adds age to that list and allows sex to be added at a later date.
The Bill creates a new crime of stirring up hatred against any of the protected groups covered by the Bill.
The Bill also abolishes the offence of blasphemy which has not been prosecuted in Scotland for more than 175 years.
The Bill is a response to the recommendations made in Lord Bracadale’s independent review of hate crime laws.
The Bill has been created to make sure that the groups covered by the Bill are protected from hate crimes. It also makes sure that the laws that provide that protection are fit for the 21st century.
Crimes motivated by prejudice will be treated more seriously and will not be tolerated by society. The Bill has been created to make this clear to victims, those who commit hate crimes, and the wider society.
Hate Crime and Public Order (Scotland) Bill as Introduced (402KB, pdf) posted 23 April 2020
Explanatory Notes (127KB, pdf) posted 23 April 2020
Policy Memorandum (290KB, pdf) posted 23 April 2020
Financial Memorandum (519KB, pdf) posted 23 April 2020
Delegated Powers Memorandum (188KB, pdf) posted 23 April 2020
Statements on legislative competence (75KB, pdf) posted 23 April 2020
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research Briefing on the Hate Crime and Public Order (Scotland) Bill
The Bill was introduced on 23 April 2020
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Finance and Constitution Committee asked for written evidence on the estimated financial implications of the Bill as set out in its Financial Memorandum.
The consultation closed on 24 July 2020.
A Stage 1 debate took place on 15 December 2020 to consider and decide on the general principles of the Bill.
Result 91 for, 29 against, 1 abstained, 8 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 1 on 15 December 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the changes considered at the meeting on 2 February 2021:
First Marshalled List of Amendments for Stage 2 (221KB, pdf) posted 28 January 2021
First Groupings of Amendments for Stage 2 (258KB, pdf) posted 28 January 2021
Documents with the changes considered at the meeting on 9 February 2021:
Second Marshalled List of Amendments for Stage 2 (242KB, pdf) posted 04 February 2021
Second Groupings of Amendments for Stage 2 (240KB, pdf) posted 04 February 2021
Documents with the changes considered at the meeting on 16 February 2021:
Third Marshalled List of Amendments for Stage 2 (226KB, pdf) posted 11 February 2021
Third Groupings of Amendments for Stage 2 (176KB, pdf) posted 11 February 2021
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Hate Crime and Public Order (Scotland) Bill as Amended at Stage 2 (579KB, pdf) posted 16 February 2021
Revised Explanatory Notes (191KB, pdf) posted 08 March 2021
Supplementary Financial Memorandum (113KB, pdf) posted 02 March 2021
Revised Delegated Powers Memorandum (399KB, pdf) posted 03 March 2021
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 16 February 2021
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the changes to be considered at the meeting on 10 March 2021:
Marshalled List of Amendments for Stage 3 (224KB, pdf) posted 04 March 2021
Timed Groupings of Amendments for Stage 3 (161KB, pdf) posted 09 March 2021
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Hate Crime and Public Order (Scotland) Bill as passed (592KB, pdf) posted 11 March 2021
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 82 for, 32 against, 4 abstained, 11 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 11 March 2021
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.
The Bill was passed on 11 March 2021 and became an Act on 23 April 2021.