Re. Hate in law Scotland and UK Confirmation Requested

The request was partially successful.

Dear Scottish Government,

I would appreciate confirmation and definitions from appropriate legal and lawful sources by return. With reference to the proposed Hate Crime Bill (April, 2020).

Please confirm the word "hate" does not currently occur in any Scottish Law, of any type.
I believe this to be true, but if it does exist please working links directly to where "hate" is stated/used, and/or copies.

Similarly, the word "insult" or "insulting".

Please also confirm the existence or non-existence of the words "hate" and "insult" or "insulting" in UK law(s). Provide direct links to where they do exist, if at all.

Also,

Please confirm the definition of "prejudice" as used in Scottish Laws, in Scots Law, and the differences (there appear to be) between standard definitions and usages, and its use in statutory aggravation contexts.

And,

Please relate the definition(s) and usages, clearly and logically, of the word "prejudice", in and to the 1) Offences (2009), the 2) 2018 Bracadale Final report and the 3) proposed bill.

Please describe how prejudice is determined, how evidenced, how corroborated, current official, legally binding version. And, confirm if currently two sources of evidence are (still) required in every other context/situation in Scotland. Please support.

Thank you for your immediate attention.
Yours faithfully,
D. Cooke

Scottish Government

Our Reference: 202000047684
Your Reference: request-670616-fe9f5cbe

Dear D. Cooke,

Thank you for your correspondence sent on 15/06/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000047684. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
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Scottish Government

Our Reference: 202000061650
Your Reference: Hate in law Scotland and UK Confirmation Requested

Dear D. Cooke,

Thank you for your correspondence received on 15/07/2020. Your query will
be passed to the relevant area for consideration and has been given a
reference number of 202000061650. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
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Communications with the Scottish Government may be monitored or recorded
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Dear Scottish Government,
This request was entered and delivered to SG 15 June, 2020
Acknowledged by Scottish Government 16 June 2020 assigned 2020 000 47684.
Second acknowledgement just received assigned another number.
Please simply respond in full to the original request, a month has passed, and the due date for the call for input is 24th of July and I need to input before that date.
Yours faithfully,
D.Cooke

Dear Scottish Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Re. Hate in law Scotland and UK Confirmation Requested'. it is past due and was quite straightforward.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
D. Cooke

Scottish Government

Our Reference: 202000062054
Your Reference: request-670616-fe9f5cbe

Dear D. Cooke,

Thank you for your correspondence sent on 15/07/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000062054. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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Scottish Government

1 Attachment

Dear Mr Cooke

 

Thank you for your request dated 15 July 2020 for a review of our failure
to respond to your request under the Freedom of Information (Scotland) Act
2002 (FOISA) for information on hate crime law in Scotland.

 

I have been asked by Stephen Gallagher, Director of Local Government and
Communities, to carry out a review of our failure to respond to your
request within the 20 working day deadline which expired on 14 July 2020.
I will establish the reasons for our failure to respond on time and, in
accordance with section 21(4) of FOISA, I will also reach a decision on
your request.

 

We received your review request on 15 July 2020 so I will respond in
accordance with FOISA by 11 August 2020.

 

If you have any queries, please contact me quoting case number
202000047684

 

Kind regards

 

Rachael Wilson

Connected Communities

 

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Dear Scottish Government,
I would much prefer if you could organise getting a full response to my request now, and then in tandem review why it has taken so long. I had hoped to speed up getting an answer. If you could please see what you can do to expedite the response.
Yours faithfully,
D. Cooke

Dear Scottish Government,

28th July, 2020

Once again the Scottish Government has been unable to provide definitions for words and terms in proposed Scottish Law (see also GRA reform), and incapable of providing the information prior to a closing date.

The Call for Evidence/Input date on Hate Crime and Public Order (Scotland) Bill has passed.

This is repeated serious failures by Scottish Government to be precise in their meanings, to know what they are talking about, prior to publishing proposals for changes to law and new law.

This is incompetence.

Yours faithfully,
D. Cooke

Scottish Government

1 Attachment

Please find attached a response to your correspondence.
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intended solely for the attention of the addressee(s). Unauthorised use,
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not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
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Dear Scottish Government,

Thank you for your response but I, once again, assumed that the Scottish Government, the civil servants would have prepared this information, have it already collated and formatted long ago, this time as part of the development of the Hate Crime and Public Order Bill and as general background information for those involved. Apparently, it does not. I had thought this a very simple FOI request for the legal department.

Re. First Query.

Thank you but my first question was -- are these words in Scottish Law ?-- and I realise I assumed that you would recognise I was focussed on the Hate Crime and Public Order Bill and I should have said something more precise such as 'in criminal law' (does that include offences? and do 'notice orders' count as laws?). I am not a lawyer nor do I have legal training and I asked a question to which I believe the answer is No, hate does not exist in Scottish Criminal Law -- but though you say the ability to verify this 'reasonably available' I do not know if it is 'reasonable' to expect members of the public to have substantial legal training to perform these searches (I have done so before but could not understand the listings) and importantly read and interpret these different types of legislation and know whether they really are relevant (see below). I know that Budget legislation will reference 'hate' because they spend money on 'hate crime' but it is irrelevant really and doesn't count as being 'permanent', budgets change, so not 'in law'. So, please confirm and clarify.

Also, surely these words (hate, insult, and insulting), their uses and and references in Scottish law, and in UK law, separately, have been provided to the Justice Committee and others ? I have looked at the CVs of those involved and many politicians, and they don't have the necessary background nor will they have the time for these many searches and readings. Also, limits on Scotland's ability to make its own 'criminal law', interactions with UK law (when and where) and applicability is not something I have found 'reasonably available', nor clarity on jurisdiction and extradition etc. And, my elected representatives to date do not even know as much as I know from my readings re. Hate Crime. The Justice Minister himself even tweeted false information on insults recently.

(The Policy Memorandum had its issues as did so many documents provided.)

Please confirm this data has NOT been requested or provided to the members of the Justice Committee or parliamentarians or the Justice Minister to date. If it exists in succinct form! then please a copy that is what I expected.

I don't know what these other laws, legislation are called but I don't consider budgets or requirements for notices to victims as laws? Nor the EU Parliament references which are also not real 'laws'? And another one (the last below) is again about notices and is just in definitions. I had already wasted enough time on this hence the FOI and have now spent more.

As for the 1690 'law' it is beyond my comprehension, and I do not know why it even exists?

I would appreciate clarity on the existence of these words in criminal law in Scotland anyway as requested and the terminology for grouping legislation -- and its relevance. Thank you.

Confession of Faith Ratification Act 1690
You are here:
Acts of the Old Scottish Parliament
1690 c. 7
Table of contents
Chap. xv. Of Repentance unto Life
1.REPENTANCE unto life is an evangelicall grace the doctrine whereof...
2.BY it a sinner out of the sight and sense...
3.ALTHOUGH repentance be not to be rested in as any...
4.AS there is no sin so small but it deserves...
5.MEN ought not to content themselves with a generall repentance...
6.AS every man is bound to make private confession of...

The Victim Notification (Prescribed Offences) (Scotland) Order 2004
You are here:
Scottish Statutory Instruments
2004 No. 411
SCHEDULE
EXPLANATORY NOTE
(This note is not part of the Order)
This Order prescribes the offences for which a victim will be entitled under section 16(1) of the Criminal Justice (Scotland) Act 2003 to receive certain information specified in section 16(3) relating to the person who perpetrated the offence against them. Victims entitled to receive such information will also be entitled to be given an opportunity under section 17(1) of the 2003 Act to make representations in relation to the release of that person.
The effect of the Order is that where a person is convicted of an offence prescribed in this Order and sentenced to a period of four years or more, the victim of that offence must be given the option of receiving certain information in relation to the release, temporary release, transfer, death in custody or escape of that person (unless Scottish Ministers consider that there are exceptional circumstances which make it inappropriate to do so). The victim must also be given the opportunity, before any decision is taken to release that person on licence, to make written representations to the Scottish Ministers as respects such release and as to the conditions which might be specified in the licence on which the person will be released. The victim must have intimated a wish to receive the information and to be given the opportunity to make representations.

The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015
You are here:
UK Statutory Instruments
2015 No. 1811
SCHEDULE
PART 6
Paragraph 319

From definitions:
“Hate Crime” means any criminal offence that is motivated by hostility or prejudice based on the victim’s disability, race, religion or belief, sexual orientation or transgender identity;

........ and lastly, the Prejudice Query.

The response on 'prejudice' has me more mystified than before. I know what the agreed normal definition of prejudice is and it is counteracted by other statements in the bill, inter alia. The Justice Directorate and their 'consultants' keep using words in contexts where it is obvious the standard definitions do not apply, or make sense, and then use the same word with yet another meaning elsewhere. Similarly 'crime', 'offences'!, insult, abuse, 'women', 'gender' variants, 'cross dressing' , 'living as', etc etc perception! and 'hate crime' - so many.

I have never thought that terms in law and official reviews of law, and discussions, consultations and pertinently bill proposals for new and dangerous law, could be so extremely vague and so regularly undefined. I did not think these situations possible, allowable, and for me this should be, must be untenable.

Thank you for confirmation corroboration and evidence still required for crimes other than for statutory aggravations currently (though I see problems with the latter situation), -- the proposed bill is another matter.

Yours faithfully,
D. Cooke

Scottish Government

Our Reference: 202000074430
Your Reference: Hate in law Scotland and UK Confirmation Requested

Dear D Cooke,

Thank you for your correspondence sent on 11/08/2020. Your query will be
passed to the relevant area for consideration and has been given a
reference number of 202000074430. Please quote this number in all
correspondence. The Scottish Government aim to respond, where necessary,
as quickly as possible and within the stated timescale as indicated on our
website
(http://www.gov.scot/about/contact-inform...).

Yours sincerely
MiCase
Correspondence system for SG and partner agencies

The Scottish Government takes your privacy seriously. You may have written
to us because you have a question or want to make a complaint. Our privacy
notice
(https://beta.gov.scot/publications/conta...),
available on our website, sets out how we use your personal data, and your
rights when communicating with us. It is made under Article 13 of the
General Data Protection Regulation (GDPR).
********************************************************************** 
This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
in order to secure the effective operation of the system and for other
lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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Scottish Government

1 Attachment

Dear Cooke

Please find attached a response to your correspondence.

Kind regards

Brian Hirst
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This e-mail (and any files or other attachments transmitted with it) is
intended solely for the attention of the addressee(s). Unauthorised use,
disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
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lawful purposes. The views or opinions contained within this e-mail may
not necessarily reflect those of the Scottish Government.
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Scottish Government

1 Attachment

Dear Cooke

 

REQUEST UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 (FOISA)

 

Thank you for your request dated 11 August 2020 under the Freedom of
Information (Scotland) Act 2002 (FOISA).

 

Your request

 

You asked for information regarding the [1]Hate Crime and Public Order
(Scotland) Bill. I work in the Hate Crime Bill team and have been asked to
respond.

 

Response to your request

 

1) Information data, use or references as regards the words ‘hate’,
‘insult’ or ‘insulting’ provided to the Justice Committee and
parliamentarians

 

While our aim is to provide information wherever possible, the Scottish
Government has not provided any information on data, use or references as
regards the words ‘hate’, ‘insult’ or ‘insulting’ to the Justice Committee
or parliamentarians

 

Therefore, as stated under section 17(1) of FOISA, the information you
have asked for is not held by the Scottish Government.

 

However, you may wish to contact the Justice Committee at
[2][email address] who may be able to help you.

 

You may also wish to visit 
[3]https://www.parliament.scot/parliamentar... for
more general information on how the bill parliamentary process works.

 

2) Information on data, use or references as regards the words ‘hate’,
‘insult’ or ‘insulting’ provided to the Cabinet Secretary for Justice

 

The only information on data, use or references as regards the words
‘hate’, ‘insult’ or ‘insulting’, provided by the Scottish Government to
the Cabinet Secretary, is as contained in the [4]Lord Bracadale
Independent Review of Hate Crime Legislation.

 

Therefore, as stated under section 25(1) of FOISA, we do not have to give
you information which is already reasonably accessible to you. If,
however, you do not have internet access to obtain this information from
the website(s) listed, then please contact me again and I will send you a
paper copy.

 

If you are unhappy with this response to your FOI request, you may ask us
to carry out an internal review of the response, by writing to :

 

Robert Marshall

Deputy Director for Connected Communities

[5][email address]

 

Your review request should explain why you are dissatisfied with this
response, and should be made within 40 working days from the date when you
received this letter. We will complete the review and tell you the result,
within 20 working days from the date when we receive your review request.

 

3) Existence of the words ‘hate’, ‘insult’ or ‘insulting’ in Scottish and
UK Criminal Law

 

This information was previously provided to you in FOI review 202000062054
where we confirmed that  that the words “hate”, “insult” and “insulting”
appear in both Scottish Law, and UK law(s), and that the information you
have requested is available from [6]https://www.legislation.gov.uk/.

 

If you are not satisfied with the result of the review, you then have the
right to appeal to the Scottish Information Commissioner. More detailed
information on your appeal rights is available on the Commissioner's
website at:
[7]http://www.itspublicknowledge.info/YourR....

 

Kind regards

 

Brian Hirst

Hate Crime Bill Team

 [8]cid:image001.png@01D3C5BE.C4BDAF60

 

 

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This e-mail (and any files or other attachments transmitted with it) is
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disclosure, storage, copying or distribution of any part of this e-mail is
not permitted. If you are not the intended recipient please destroy the
email, remove any copies from your system and inform the sender
immediately by return.
Communications with the Scottish Government may be monitored or recorded
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References

Visible links
1. https://beta.parliament.scot/bills/hate-...
2. mailto:[email address]
3. https://www.parliament.scot/parliamentar...
4. https://www.gov.scot/publications/indepe...
5. mailto:[email address]
6. https://www.legislation.gov.uk/
7. http://www.itspublicknowledge.info/YourR...