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Call to strengthen hate crime law Call to strengthen hate crime law
(1 day later)
A bill which would strengthen the law on hate crimes against gay or disabled people is to be lodged in the Scottish Parliament. A bill to strengthen laws on hate crimes against gay or disabled people in Scotland is to be brought forward.
The proposals by Green MSP Patrick Harvie would make attacking someone because of their sexual orientation or their disability an aggravating factor. The proposal, by Green MSP Patrick Harvie, would make attacking someone because of their sexual orientation or their disability an aggravating factor.
This would put such assaults on the same legal footing as racist attacks and religiously-aggravated assaults.This would put such assaults on the same legal footing as racist attacks and religiously-aggravated assaults.
The Green Party sees the move as being vital to help improve equality. Scottish ministers said they were committed to introducing measures and would hold talks on the way forward.
The move comes after a survey in 2004 found that 47% of disabled people had experienced hate crime because of their disability, with 31% of those reporting that they suffered verbal abuse, intimidation or physical attacks at least once a month. The draft proposals for the bill, which have been lodged with the Scottish Parliament, have been backed by Scottish police chiefs and the Liberal Democrats, as well as groups including the Association for Mental Health, the Equality Network and Stonewall.
Disabled people and sexual minorities deserve no less protection from prejudice and bigotry Patrick HarvieScottish Green Party It has created a situation whereby the only people who do not enjoy the full protection of the court are heterosexual, white males Bill AitkenTory justice spokesman
But Labour have reservations about the move, while the Conservatives argued that everyone deserved the same protection.
A survey in 2004 found that 47% of disabled people had experienced hate crime because of their disability, with 31% of those reporting that they suffered verbal abuse, intimidation or physical attacks at least once a month.
Research into attacks on lesbian, gay, bisexual and transgender people carried out in 2002 found 68% had been verbally abused in the last year, while 23% had been physically assaulted.Research into attacks on lesbian, gay, bisexual and transgender people carried out in 2002 found 68% had been verbally abused in the last year, while 23% had been physically assaulted.
Mr Harvie, a Glasgow MSP, said: "I was deeply disappointed that the last executive decided not to press ahead with this simple but important measure. Mr Harvie, a Glasgow MSP, said he was "deeply disappointed" that the previous Holyrood government decided not to press ahead with the legal changes, which have been backed by Scots police chiefs.
"We know that the hate crime laws which protect religious groups and minority ethnic communities are useful not only in individual cases, but also in focusing police attention on the problem.
"Disabled people and sexual minorities deserve no less protection from prejudice and bigotry."
He added: "This measure should gain cross-party support - I want to urge all political parties to show that their commitments on tackling prejudice in Scotland will be followed through."
'Utterly intolerable''Utterly intolerable'
The move is backed by the Association of Chief Police Officers Scotland (Acpos). "We know that the hate crime laws which protect religious groups and minority ethnic communities are useful not only in individual cases, but also in focusing police attention on the problem," he said.
Neil Richardson, Assistant Chief Constable of Lothian and Borders Police, said: "The Association of Chief Police Officers in Scotland considers all crime motivated by hate as utterly intolerable. "Disabled people and sexual minorities deserve no less protection from prejudice and bigotry."
"This addition to the legislation will send a clear message of support to lesbian, gay, bisexual and transgender people and should assist in giving increased confidence to those who are, or become, victims of homophobic or transphobic crimes to report the circumstances to the police." Lothian and Borders Police Assistant Chief Constable Neil Richardson said all crime motivated by hate was "utterly intolerable".
Insp David Lyle, Scottish co-ordinator of the Gay Police Association, said: "The effects of such abhorrent crimes on people's lives can be devastating and it is absolutely right that the full power of the law should be brought to bear on those who commit them." "This addition to the legislation will send a clear message of support to lesbian, gay, bisexual and transgender people and should assist in giving increased confidence to those who are, or become, victims of homophobic or transphobic crimes to report the circumstances to the police," he said.
The Scottish Association for Mental Health (SAMH) has campaigned for hate crime legislation to be extended to cover disability. But Tory justice spokesman Bill Aitken said Mr Harvie was wrong to believe that any judge would not increase a sentence for an assault on a person who was physically disabled.
'Greater protection' He went on: "The problem now is that there are too many aggravations, racial or sectarian. It has created a situation whereby the only people who do not enjoy the full protection of the court are heterosexual, white males."
Charlie McMillan, the organisation's director of research influence and change, said: "We welcome moves to offer greater protection to people with mental health problems and other disabilities, who experience harassment all too often.
"There is no place in Scotland for hate crime."
Tim Hopkins, from the Equality Network, which speaks on behalf of the lesbian, gay, bisexual and transgender community, said: "There are too many hate crimes in Scotland, and anyone can be a victim of an anti-gay hate crime.
"This change will allow the justice system to recognise the hate element of these crimes, as they already do for racist and sectarian crimes."