Holyrood backing for hate crimes bill

Published on Thursday 5 March 2009 21:06

PLANS which could lead to tougher penalties for crimes against gay and disabled people were yesterday backed by a Holyrood committee.

The justice committee gave the go-ahead to a bill by the Green MSP Patrick Harvie which would make sexual orientation or disability an "aggravating factor" in any crime in which the victim was targeted for that reason.

The bill would not automatically toughen penalties but courts would have to take the motivation into account when deciding on a sentence. Racial and religiously motivated crimes are already covered.

Endorsing the bill's general principles, the committee said it posed no threat to the freedom of speech of those holding "traditional mainstream beliefs" about marriage and sexuality.

Another Holyrood committee considered whether the bill should be extended to make a victim's age or gender an aggravating factor.

That committee's members decided against such a move, and the justice committee yesterday agreed.

Bill Aitken, the justice committee's convener, said: "While acknowledging concerns raised by groups about the creation of a hierarchy of victims' rights, (the committee] believes, on balance, it is appropriate to create these new statutory aggravations.

"Although it is already possible under the existing common law to take the motivations of an offender into account when determining sentence, and we know courts do use these powers, we hope the bill will ensure that the existence of any aggravations will be dealt with more consistently and appropriately."

The committee's verdict was welcomed by Mr Harvie.