Scottish Justice Secretary Angela Constance has defended the controversial Hate Crime and Public Order (Scotland) Act following its recent implementation. The legislation, which came into effect on April 1, 2024, has sparked significant debate due to the surge in complaints received by Police Scotland, totaling over 7,000 in the first week. Out of these, 240 were recorded as hate crimes, encompassing racial hate and prejudice alongside other protected characteristics including sexual orientation and disability.

The Act consolidates prior legislation and introduces the concept of “stirring up hatred” against protected groups, an aspect which has come under scrutiny from figures such as author JK Rowling. Rowling had previously raised concerns about the implications on free speech, particularly relating to criticism of government policies.

Senior Green MSP Ross Greer emphasized that while the law does not make it illegal to be offensive, citizens should aspire to behavior that respects others beyond mere legal requirements. Despite the criticisms, Police Scotland has stated that they are managing the added workload efficiently and that their response to other crimes remains unaffected.

The Scottish Conservatives, spearheaded by shadow justice spokesperson Sharon Dowey, have labeled the law as “disastrous,” citing the low percentage (3.3%) of complaints classified as hate crimes and the strain on police resources. They are advocating for the law to be repealed and have highlighted the timing of the controversy ahead of upcoming UK general elections, suggesting political implications.

The future of the Hate Crime and Public Order (Scotland) Act remains a contentious topic, with continued debate over its necessity and concerns about its potential encroachment on freedom of speech versus its role in protecting vulnerable communities.