Scottish LGBT activists consulted by police about hate crime laws but women’s groups ignored
Police Scotland asked LGBT activists about how to enforce controversial hate crime laws but failed to consult with feminists concerned over freedom of speech, it has emerged.
The national force has admitted that representatives from LGBT Youth Scotland and the Equality Network were among the “stakeholders” involved in shaping training materials for officers tasked with implementing the legislation.
However, women’s groups and arts organisations that had voiced freedom of speech fears were not asked for their views, before enforcement began on April 1.
More than 7,000 complaints were made in the first week with JK Rowling, the Harry Potter author, publicly challenging police to arrest her after she “misgendered” a series of high-profile biological men who identify as women.
It followed widespread confusion over what would count as a crime under the new laws after a high-profile Scottish Government advertising campaign suggested words that caused hurt feelings would be criminalised.
Lucy Hunter-Blackburn, part of the policy analysis group Murray Blackburn Mackenzie, said a “diverse range of groups”, many of which had voiced concerns about the legislation, had given evidence at Holyrood when it was being scrutinised.
She said it had been an error not to include the critics when police were deciding how the law would be managed in practice.
She added: “Once the Act passed, Police Scotland had three years to engage directly with those groups, to make sure their concerns were addressed in its training materials and help shore up public legitimacy.
“It was a serious error on its part that it did not do so.
“It also helps explain why the Act has had such a rocky start.”
While the number of hate crime reports has reduced since the first week of the legislation coming into force, almost 10,000 have been made since April.
Of these, 1,301 have been recorded as hate crimes.
Police Scotland had previously declined to name the “stakeholders” it said it had consulted with on training materials for officers tasked with enforcement.
It provided the list following a Freedom of Information request.
49pc want to scrap Hate Crime Act
Among the other groups to be included were trade unions, the Scottish LGBTI Police Association and the Scottish prosecution service.
Meanwhile, a new poll found that 49 per cent of Scots believed the Hate Crime Act should be scrapped, while 36 per cent think it should be kept.
A Police Scotland spokesman said: “Our training package has been developed in close consultation with diversity staff associations and a wide range of stakeholders representing Scotland’s diverse groups and communities.
“This helped ensure all characteristics protected by legislation under the new Act were clearly represented and articulated, and that officers are best prepared when responding to hate crimes and incidents.
“Our training reminds officers of their human rights obligations and reflects all aspects of the new legislation, including the protection it includes around freedom of expression.”
