Sturgeon ‘blocked changes’ to Scotland’s hate crime laws

Nicola Sturgeon has been accused of blocking changes to Scotland’s hate crime laws that would have protected feminists’ freedom of speech on trans issues.

Feminist group For Women Scotland (FWS) say that as first minister, Ms Sturgeon forced Humza Yousaf, then her justice secretary, to withdraw amendments to the legislation during its final parliamentary stages in 2021.

Susan Smith, one of the group’s directors, said these would have provided specific freedom of speech protections for feminists who argue that sex is a physical binary characteristic that cannot be changed.

As the legislation came into force on Monday, JK Rowling posted pictures of 10 high-profile trans people and ridiculed their claims to be women. The Harry Potter author then dared Police Scotland to use the new laws to arrest her.

Ms Smith said Mr Yousaf, who succeeded Ms Sturgeon as first minister, had broken a promise that she and a colleague would be involved in drawing up training materials for the police that would have dealt with situations like that.

She told BBC Radio 4’s Woman’s Hour that this was because he thought that “it would upset the trans lobby if those examples were given in the guidance to the police”.

In 2021, Mr Yousaf oversaw the passage of the hate crime legislation at Holyrood, which was supported by nearly all SNP and Labour MSPs. However, it did not come into force until Monday, as Police Scotland said it needed time for training.

The legislation creates a criminal offence of “stirring up of hatred”, expanding on a similar offence based on racist abuse that has been on the statute book for decades.

It extends the offence to abuse on the basis of age, disability, race, religion, sexual orientation or transgender identity.

MSPs raised concerns about women’s exclusion

But an amendment to add sex to the list of protected characteristics was voted down, despite cross-party MSPs raising concerns about why women were excluded.

Ms Smith argued that those accused of hate crimes under the legislation face living under the cloud of a police investigation for two years, even if they are later cleared of any wrongdoing, “so the process very much becomes the punishment”.

“And this could all have been avoided because right back at the beginning, during the last stages of the Bill, there was an attempt to put in free speech amendments,” she added.

“There was an outcry on Twitter. Nicola Sturgeon directly intervened and made Humza Yousaf pull them.

“He then promised at committee, he promised me and Lucy Hunter Blackburn that we would be involved in drafting guidance and giving examples so the police would understand if somebody like JK Rowling made a thread like that on Twitter, for example.

“We could have had real world examples for the police to use in training. But what happened was he broke those promises because ministers decided that it would upset the trans lobby if those examples were given in the guidance to the police.”

In early 2021, Mr Yousaf tabled an amendment to the Bill aimed at addressing concerns that gender-critical feminists would be criminalised for arguing that trans women are men.

This was later withdrawn, and he persuaded other parties to pull their amendments on the same issue, with a round table discussion on the issue held instead.

The final Act contains a section stating that “behaviour or material is not to be taken to be threatening or abusive solely on the basis that it involves” discussion or criticism involving trans issues.

However, this is weaker than the freedom of speech protection given to “discussion or criticism relating to, or expressions of antipathy, dislike, ridicule or insult towards” religious beliefs and practices.

A senior SNP MP said the final wording of the Act ignored the recommendations of an official review of hate crime by judge Lord Bracadale that a “protection of freedom of expression provision” be included.

Joanna Cherry KC, the Edinburgh South West MP and an ally of Rowling, tweeted: “His recommendations were not followed by the Scottish Parliament in relation to the offence of stirring up hatred on the grounds of transgender identity, but they were in respect of religion. Relevant amendments were voted down.”

She added: “For these reasons, many of us have legitimate concerns about this aspect of the legislation, being weaponised against women, who do not believe in gender identity theory, and wish to exercise their right to explain why. As JK Rowling has done.”

On Tuesday, Rowling went on social media to hit back at claims she would be remembered by history as a “bigoted children’s book author”.

She said: “Again with the legacy guff... if your friend History thinks women don’t deserve sex-based rights, healthy kids should be medicalised, and free speech needs stamping out, I’m not interested in being his buddy. He sounds a massive dick.”

Ms Sturgeon’s spokesman referred a request for a comment to the Scottish Government. The Scottish Government was approached for comment.