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

By Bill Heaney

We all support the right to protest, assemble, march, and so on, MSP John Mason told the Scottish Parliament this week.

Yet the Hate Crime and Public Order (Scotland) Act 2021 makes it an offence to stir up hatred, he added.

The SNP member for the East End of Glasgow where many Orange Walks take place and not without conflict, Mr Mason asked the First Minister if he thinks that “we have, or can achieve, the right balance” in regard to these matters?

He added: “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.”

John Swinney told MSPs: “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.”

Green MSP Lorna Slater said: “Just two weeks ago, our capital city and my home town, Edinburgh, backed Scottish Green councillors’ calls to ensure that no public money is being used to bankroll Israel’s genocide.

“That comes more than a month after our Parliament voted to back our calls for boycott, divestment and sanctions against the genocidal Israeli regime.

“What additional legislative changes will the Scottish Government pursue to enable local authorities such as the City of Edinburgh Council to legally adopt the BDS policies that the Parliament has agreed to support?”

Mr Swinney replied: “In my statement on 3 September, I set out to the Parliament the actions that are within the Parliament’s competence and responsibility to take forward. “

“London, England – May 16, 2009: A protest in London calling for an end to the Israeli blockjade of the Gaza strip and the establishment of a Palestinian state. Members of CND (the Campaign for Nuclear Disarmament) hold a CND banner in front of a group of people with Palestinian flags and banners.”