Calum Steele

The SPF made the comments in its consultation response to the Hate Crime & Public Order (Scotland) Bill.

It expressed concern over the fact the bill seeks to criminalise the mere likelihood of ‘stirring up hatred’ by creating an offence of “threatening, abusive or insulting behaviour”. Such an offence would include both speech and conduct. This complicates the law and is “too vague to be implemented”, the SPF said.

It also said that the bill sits uncomfortably with articles 6 and 7 of the ECHR concerning the right to a fair trial and would result in substantial costs that have not been accounted for.

Calum Steele, general secretary of the Scottish Police Federation, said: “We are firmly of the view this proposed legislation would see officers policing speech and would devastate the legitimacy of the police in the eyes of the public. That can never be an acceptable outcome – and we should never forget that the police in Scotland police only with the consent of the people.

“Police officers are all too aware that there are individuals in society who believe that to feel insulted or offended is a police matter. The Bill would move even further from policing and criminalising of deeds and acts to the potential policing of what people think or feel, as well as the criminalisation of what is said in private.

“We support and adopt the comments of Fred Mackintosh QC and others in relation to the removal of available defences which exist for the current hate crime offences. If the Bill as presented is passed, those accused of the new offences of stirring up hatred will not have the opportunity to prove that they did not intend to stir up hatred or that they had no reason to suspect their conduct would do so.

“We do not for one second suggest that prejudice, racism or discrimination are desirable qualities in our society but the need to address those matters when they reach a criminal level is met by laws already in place and the cost to free speech of going further with this Bill is too high a price to pay for very little gain.”