The draft Hate Crime and Public Order (Scotland) Bill is open for comment for just over one more week. It is a frightening attack on freedom of speech, and introduces a new offence of abusive speech, of which one can be guilty even without criminal intent, with penalties of up to seven years imprisonment. Fortunately, we still have time to persuade MSPs, of whom some even within the Government party have doubts. Links to the bill, other comments, and relevant email addresses are given below.
A person commits an offence if the person … communicates threatening or abusive material to another person, and … as a result, it is likely that hatred will be stirred up against such a group.
In brief, the bill is so broad, and its language so vague and inclusive, that it would be impossible to express oneself on a whole range of important issues without running the risk of offending.
The bill states that
A person commits an offence if the person … communicates threatening or abusive material to another person, and … as a result, it is likely that hatred will be stirred up against such a group.[Emphasis added]
The characteristics are age, disability, religion or, in the case of a social or cultural group, perceived religious affiliation, sexual orientation, transgender identity, variations in sex characteristics.
Notice that one can offend without intending to do so, even if no hatred is actually stirred up, and even if no member of the relevant group has actually complained. Strangely enough, when it comes to race, colour, nationality (including citizenship), or ethnic or national origins, there must be actual intent to stir up hatred. Why there should be this distinction is beyond my understanding, while expressions like “abuse” and “hatred” are so vague that there are a whole range of important current controversies (e.g. trans rights issues, the Palestine-Israel question, immigration, religious family law) were what some would regard as legitimate expression of opinion would risk being seen by others as abusive and stirring up hatred.
(Full text of the relevant sections at end of post)
Here’s what I sent to the Justice Committee at email@example.com, with copies to my Constituency and all my Regional MSPs:
As your constituent, I wish to comment on the draft Hate Crime and Public Order (Scotland) Bill.
I welcome the abolition of the law against blasphemy, which I hope is in no way controversial, but an eight-word Bill would suffice for that.
I am a member of an ethnic minority group, and have been subjected to abusive speech likely to stir up hatred. Despite this, I am completely opposed to this Bill, which introduces a large number of necessarily ill-defined terms, and is likely to achieve the opposite of what is intended. I am particularly concerned at the creation of a new class of offence based on the extremely ill-defined concept of “abuse”, as well as the fact that it is possible to offend under this Bill with no intention of doing so.
If this Bill or anything at all like it becomes law, it will possible for me to offend without intending to do so by communicating material considered abusive, even if I do not consider it abusive, and even in the absence of complaints from anyone who is allegedly targeted, if it is found that it is likely (whatever that may mean) that what I communicate will stir up hatred, even if that was not my intent. I expect that many of us have offended multiple times by these criteria. Read the rest of this entry
This morning, the Public Petitions Committee of the Scottish Parliament held its third and final hearing on the Scottish Secular Society’s Petition PE01530. The meeting is archived here, and a transcript will be available in about a week here.
Calling on the Scottish Parliament to urge the Scottish Government to issue official guidance to bar the presentation in Scottish publicly funded schools of separate creation and of Young Earth doctrines as viable alternatives to the established science of evolution, common descent, and deep time.
I quote this again, since the Petition’s opponents, with scant regard for the Commandment against bearing false witness, repeatedly claim that we want to shut down all discussion of religion, or of the Biblical account of creation, or whatever. Indeed, such claims were actually quoted at the Committee meeting, by members concerned to show suitable sensitivity towards the tender feelings of their own creationist constituents.
However, the issue was never really in doubt, given the support that our petition has received among Members of the Scottish Parliament; see here.
The Convener was admirably blunt in describing creationism as “bilge”, and while no one dissented from this, there was still some discussion as to whether it presented a real problem. Eventually, however, and without a division, the Petitions Committee agreed to our request to forward the Petition to the Education and Culture Committee for further consideration. We could not have hoped for a better outome.
I would like to thank all those who have contributed to the discussion stirred up by our Petition, individually or as members of organisations. By moving the issue into the limelight, instead of leaving it in the decent obscurity that many would prefer, you have stimulated an unprecedented level of debate, not only on this specific subject, but on the entire question of the appropriate role of religion in Scotland’s publicly funded schools.This is far more than I would have imagined possible at the outset, or even as recently as a week ago.
This is an issue that, in Scotland, cuts across party lines, and indeed the bulk of our recorded parliamentary support comes from members of the governing Scottish National Party, although the Government itself is still pretending that there is no creationism problem here.
For the record, I attach the Scottish Secular Society’s press release of this morning, and its list of links and sources. my own blog posts on the subject are all on this site, collected here. My posts on the interwoven topic of the Kirktonholme Creationist textbook scandal, and subsequent developments including the admirable new South Lanarkshire guidelines, are here. I will keep you informed of new developments, and, once more, I thank you.
SCOTTISH SECULAR SOCIETY SATISFIED ‘CREATIONISM’ PETITION TO GO BEFORE EDUCATION AND CULTURE COMMITTEE
· SSS seek guidance on how creationism is presented in schools
· PPC refer matter to E&CC
The Parliament Petitions Committee (PPC) has today advised the Education and Culture committee to look at the Scottish Secular Society’s petition on the teaching of creationism in schools. The SSS are very satisfied with this outcome, that Education and Culture committee are the people best placed to consider the matter and understand the importance of good science education to Scotland.
Spencer Fildes, Chair of the SSS said: “We are delighted that the Public Petitions Committee (P.P.C.) have agreed to refer our petition to the E&CC. Interestingly, the PPC specifically acknowledge the more stringent guidelines now in place across England and Wales regarding the teaching of creationism, they also noted although the E.I.S. and other professional bodies state there are safeguards in place for teaching staff, there were concerns within the PPC around the lack of safeguards regarding external third parties such as Chaplains and volunteers.
Unfortunately the obvious lack of safeguards allowed the teaching of creationism at Kirktonholme to flourish and go unnoticed for over 8 years. Encouragingly, South Lanarkshire have subsequently undertaken a complete overhaul of the delivery and presentation of religion in their schools, making it fairer for those of belief and those of none, with all proper safeguards and checks in place. An excellent example of a secular democracy at work.
They have actually implemented all the recommendations the Scottish Secular Society proposed in our last petition.”
Former Chair of the SSS, Caroline Lynch, said: “We are very pleased that the integrity of Scottish science education is taken seriously by the PCC, and that the appropriate committee will now be looking at this issue. It is important that they understand we seek no new law or ban on Creationism, but guidance that ensures that discussions of the creation myths of any religions featured in schools are conveyed in the appropriate place, the RME classroom. Guidelines mirroring those already in place in England need not stifle discussion and debate, but simply ensure that ideas without evidence are not given the stature of accepted science.”
Professor Paul Braterman, SSS board member and scientific advisor said: “I am very pleased that the committee showed awareness of dissatisfaction with the lack of guidelines within the teaching profession, although I regret that the Society of Biology was not mentioned, but I am pleased with this outcome and feel sure that the education and Culture Committee will take all this into account.”
Notes to Editors: –
Sir John Sulston, Sir Harold Kroto and Sir Richard Roberts.
Press release on Scottish Secular Society petition: –
Anger over move to teach intelligent design in school (The Herald):-
Faith has no place in the classroom (The Herald):-
Creationists take fire for wanting ‘objective’ education in Scottish schools (USA):-
Michael Zimmerman – “Creationism at Its Most Extreme: Will the Scottish Parliament Respond?”:-
Dr Alasdair Allan MSP Minister for Learning says he has complete confidence in teachers: –
Alastair Noble’s comments quoted in press release: –http://www.heraldscotland.com/news/education/would-you-adam-and-eve-it-top-scientists-tell-scottish-pupils-the-bible-is-true-1.1060545
Open letter from SSS to Mike Russell MSP Secretary for Education on 1 October 2013 asking for ban on teaching of creationism: –
Parliamentary TV footage of SSS petition and former Chair Caroline Lynch exposing Kirktonhome School scandal for first time at 11:00: –