Hate crime law risks creating an informants' charter - John McLellan

As the old saying goes, the road to hell is paved with good intentions and it’s never been better illustrated than the Hate Crime Bill now making its way through the Scottish Parliament.

Humza Yousaf, Cabinet Secretary for Justice appearing before the Justice Committee to give evidence on the Hate Crime and Public Order (Scotland) Bill

I have documented my concerns about this legislation on several occasions - with 2,000 objections I’m hardly alone - and am due to give evidence to the parliamentary committee next month.

But the extent to which this bill could extend the tendrils of state power into every aspect of our lives was laid bare this week in an extraordinary suggestion by justice secretary Humza Yousaf that the new offence of stirring up hatred should extend to conversations in private homes.

The Scottish Police Federation has already raised fears it could draw its officers into policing thought crime, but this has the potential to involve them in all manner of domestic issues they would be forced to investigate if there was a prime facie case to answer.

“If you’re stirring up religious hatred against Jews, with the intent of stirring up hatred in your private dwelling with your children in the room, with friends you’ve invited over for a dinner party, if they then act upon that hatred and commit offences that would be prosecuted by the law, should the person who with the intent of stirring up hatred if their behaviour was threatening or abusive, should that person not be culpable?” said Mr Yousaf.

This could turn casual remarks in private into serious criminal matters, an informants’ charter on a scale unknown since the fall of East Germany.