The Scottish Greens, while supporting the intention of the bill, are also understood to have concerns over unintended consequences while Scottish Labour expressed reservations . James Kelly, the Scottish Labour MSP, said: Even the terminology within these proposals is concerning, especially around the use of 'insulting' which is subjective and could cause serious legal confusion.
Amanda Millar, President of the Law Society of Scotland, said she backed the Scottish Governments stated aims of the legislation, which include consolidating existing legislation and clamping down on genuine hate crimes.
However, she added: We have significant reservations regarding a number of the Bills provisions and the lack of clarity, which could in effect lead to restrictions in freedom of expression, one of the foundations of a democratic society. We have real concerns that certain behaviour, views expressed or even an actors performance, which might well be deemed insulting or offensive, could result in a criminal conviction under the terms of the Bill as currently drafted.
The Holyrood committee will be able to amend the Bill before it progresses and is expected to take extensive evidence on the provisions. The SNP would not be able to force it through without the backing of another party.
A spokesman for the Scottish Government said: As Lord Bracadale made clear in his independent review of this area of law, the new stirring up hatred offences will not stifle legitimate views from being offered or seriously hinder robust debate.
The Bill continues to allow people to express controversial, challenging or offensive views, as long as this is not done in a threatening or abusive way that is intended or likely to stir up hatred.
The Bill ensures stirring up of hatred offences do not unduly inhibit freedom of expression protections set out in the European Convention on Human Rights.
The Bill actually includes provisions on freedom of expression to ensure the prohibition on stirring up hatred will not unduly restrict peoples right to express their faith, or to criticise religious beliefs or practices or sexual practices.
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