One Scotland: consultation on current hate crime legislation

Ministerial Foreword

Hate crime and prejudice are completely unacceptable and we are absolutely committed to tackling them. Hate crime has a hugely damaging effect on victims, their families and communities and everyone needs to play their part to challenge it.

Lord Bracadale published his review into hate crime legislation in Scotland in May 2018 and we want to thank him for his insightful report and recommendations. We now want to hear from you and from communities across the country about what our hate crime law should look like, so we hope you take the time to respond to this consultation.

We are committed to taking this opportunity to shape our legislation so that it is fit for 21st century Scotland and, most importantly, affords sufficient protection for those that need it.

We recognise that legislation in and of itself is not enough to build the inclusive and equal society that we aspire to, however having clear legislation about hate crime sends a strong message. It makes it clear to victims, to communities and to wider society that certain criminal behaviour is not acceptable in society.

Scotland’s diversity is our strength and we are proud that Scotland is becoming an increasingly open and inclusive nation. However, we also recognise that intolerance and prejudice remain and that more needs to be done.

We are committed to working across government in order to build a Scotland - One Scotland - where there is simply no place for hatred and prejudice and where everyone feels connected, has a sense of belonging and feels valued.

We are confident that together we can build a stronger, more connected Scotland.

We look forward to hearing your views.

Aileen Campbell MSP
Cabinet Secretary for Justice and Local Government

Humza Yousaf MSP
Cabinet Secretary for Communities

“Well, it may be true that morality cannot be legislated but behaviour can be regulated. It may be true that the law cannot change the heart but it can restrain the heartless. It may be true that the law cannot make a man love me but it can restrain him from lynching me; and I think that is pretty important also. And so, while the law may not change the hearts of men, it does change the habits of men if it is vigorously enforced, and through changes in habits, pretty soon attitudinal changes will take place and even the heart may be changed in the process.”

Dr Martin Luther King