Scotland’s hate crime catch-up

Green MSP Patrick Harvie has successfully persuaded the Scottish Parliament (right) to debate his new Sentencing of Offences Aggravated by Prejudice (Scotland) Bill, early next year, without any further periods of consultation.

The new law, if it is passed, will allow judges to give out harsher sentences to those perpetrating hate crimes against groups including disabled people; bringing them in line with race and religion (and a provision already available to courts in England and Wales).

Dr Ann Wilson, chair of Inclusion Scotland, which represents 68 organisations of disabled people throughout Scotland, says: “Hate crime against minority groups is a peculiarly nasty side of modern life. The lack of legislation highlighting society’s repugnance of hate crime towards disabled people, in particular, shows that we are still not valued as equal citizens, who have much to contribute. Diversity should be celebrated not hated.”

But there is no guarantee that it will be passed because it has not got the backing of either the Scottish Labour or Conservative Parties. They are now arguing that sentencing should be equal for everyone. This is despite the last Scottish Labour government saying they would implement the recommendations of their own working group on hate crime in 2004 which called for harsher sentences for offences against minority groups, including disabled people, as soon
as possible.

In the same year as the working group carried out its own consultation the Disability Rights Commission, in collaboration with Capability Scotland, published a survey on hate crime against disabled people. This indicated that there was widespread experience of hate crime in relation to disability.

Some of the findings from the 160 people covered were quite startling:

• 73 per cent reported being frightened or attacked by verbal abuse and intimidation
• 33 per cent reported physical attacks
• 47 per cent attributed the hate crime to their disability
• 90 per cent told someone about the attack, with 40 per cent informing the police, who were perceived as unable to help due to the difficulties in providing proof and, in some cases, lack of interest.
• 30 per cent have had to avoid specific places and change their usual routine and one in four has moved home as a result of the attack

Mike Holmes, convenor of the disability agenda Scotland policy group, which represents the major service providers in the third sector, says: “Considerable consultation has already taken place on this subject. We know disabled people expect the same protection as given by law to those affected by racially-aggravated offences and by religious hatred. There is every value in legislation encompassing hate crime in relation to race, religion, sexual orientation, disabled people and other cultural groups. It is now time to act. Doing nothing is not an option.”

Image: © Scottish Parliamentary Corporate Body – 2007