There are fears innocent people could end up on police databases with controversial new hate crime laws in Scotland being weaponised to “settle scores”.
Legislation is being introduced on 1 April criminalising threatening or abusive behaviour which is intended to stir up hatred based on certain characteristics including age, disability, sexual orientation, and transgender identity.
The rules will apply in people’s private homes and online.
Women’s groups, which have been vocal in the transgender debate in Scotland, fear social media posts could be used to target opponents.
Susan Smith, director at the For Women Scotland campaign group, said: “It’s a mess.
“Much of this is very vague as stirring up offences seems to be based on someone’s perception that someone is being hateful towards them, and they can make a complaint and the police are saying they will investigate everything.”
“There will be a lot of malicious reports,” added Ms Smith.
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“We know that there are people out there who have lists of people they are looking to target. They are seeing this as an opportunity to settle scores and make political points.”
JK Rowling and Elon Musk have publicly criticised the change, suggesting it erodes free speech.
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Those who support the law insist it will make Scotland more tolerant.
Rebecca Crowther, chief executive of Equality Network in Scotland, told Sky News: “This legislation is not going to catch people online saying things that I might disagree with, that you might disagree with, things that might upset me, things that might upset others in the community.
“Freedom of expression is really important, and there’s a defence for that within the legislation.
“People are free to say what they like, even if it might cause offence or it might cause shock or disturb people, that’s just what we live with when we live with the freedom of speech.
“What it does legislate against is when that freedom of speech strays into something that is abusive, that could cause fear and alarm, and that also incites hatred or incites people to act on that hatred.”
Police Scotland, the second largest force in the UK, has committed to investigating every single hate complaint it receives.
It comes amid a backdrop of major changes to policing that mean some minor crimes will no longer be investigated due to budget cuts.
‘Disaster waiting to happen’
Lanarkshire shopkeeper Abdul Majid says he has lost thousands of pounds a year in petty shoplifting that the authorities have not fully investigated.
He reckons the cumulative impact on his business is £10,000 a year and is “frustrated” at the contrast in policing priorities as the new hate crime regime begins.
He describes taking matters in to his own hands: “Because of the lack of prosecution, we have made a rogues’ gallery in the shop.
“We have the date and time of the shoplift and a bit of background about what they’ve taken and what they look like.
“All crime in my opinion should be investigated, whether it be hate crime or retail crime.”
Those representing thousands of rank-and-file police officers say the two-hour online training course provided in preparation for enforcement is not good enough.
David Kennedy, general secretary of the Scottish Police Federation, described it as a disaster waiting to happen.
He said: “I have real concerns that mistakes could be made. Officers are drained. We are not getting any extra resources to deal with this.
“Officers on night shift have a mandatory two-hour online training.”
Police Scotland refused to be questioned by Sky News on camera about the new law.
A statement from a spokesman said: “Our training package has been developed in close consultation with diversity staff associations to ensure all protected characteristics under the new Act are clearly represented and articulated, and that officers are best prepared when they respond to hate crimes and incidents.
“In addition to the training package, an extensive programme of workshops is taking place to allow officers to gain more understanding and ask any questions they may have.”
“Every morning I wake up and there is a small part of me that thinks, ‘Is today the day I’m going to be diagnosed with some sort of cancer?'”
This is the question Susan Lee asks herself every day. It is part of the mental anguish of living with Hepatitis C.
Susan was born with Von Willebrand disease.
As a child, her blood clotting disorder was treated with a product called Factor 8. It was supposed to revolutionise treatment for haemophiliacs.
Instead the American product farmed from prisoners and drug addicts was infected with HIV and Hepatitis. It was never screened or treated before being injected into the veins of patients.
The risks were known. Susan’s father raised concerns.
“I remember specifically on one occasion he went into the consulting room and spoke to my consultant,” says Susan.
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“[He] said, ‘I’m very worried about this, and I want you to let me know if Susan has or will receive any American blood products’.
“And he said to my father, ‘Absolutely not’.”
However, at 14, Susan discovered she had been infected with Hepatitis C, like thousands of other patients in the worst NHS treatment scandal in history.
Susan believes patients like her were exposed to great risk and potential death to increase profits for the companies that were producing these blood products.
“I think unfortunately it always comes down to cost implications. And we know that American blood products were cheaper from those big pharmaceutical companies.
“We know there were other treatment options available. There were German products that were out there and could have been used, but at a higher price point, and they were not chosen.”
The Hepatitis C infection has had a devasting impact on every part of Susan’s life. She has had to give up her career as a barrister.
“It’s been a really, really difficult time for us as a family. And it’s intergenerational because we were given these products to take home, my parents were taught how to inject. My mother has a huge feeling of guilt surrounding that,” she says.
“Three weeks ago, she sat me down and said, ‘I’m so terribly sorry.’
“I said, ‘You’ve got absolutely nothing to be sorry for. It was nothing to do with you. You did your best’.
“Also my children, from having witnessed the times that I was really, really sick, you know, my daughters asking me, ‘Mummy, why can’t you run in the school races and for sports day?’
“Because I could barely lift my head off the pillow to get out of bed to be there.”
Later this morning, Susan and the thousands of other victims of the infected blood scandal will get answers to the decades-long search for the truth.
At Westminster’s Methodist’s Central Hall just after midday, Sir Brian Langstaff will deliver his report into the infected blood scandal. It is expected to be damning.
Des Collins, senior partner of Collins Solicitors which represents 1,500 victims and their families, said the inquiry chair is likely to hold many people accountable.
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“If you are going to point the finger at someone, you’ve got to give them notice and it’s that notice process which has delayed [the report] probably for the last six months. So a lot of people will have the finger pointed at them.
“They will be held accountable for each individual part of the scandal, which is appropriate insofar as their involvement is concerned.
“I don’t think we’re going to get the finger pointed at one person saying, ‘You are responsible for the whole thing,’ because there are so many people involved in it and they’re all making individual decisions.”
The significance of this moment cannot be overstated.
The great hall will be full of people infected with deadly diseases in secret trials, bereaved parents who saw their children die and all of the others affected by this preventable tragedy.
The atmosphere will be charged with emotion, anger and hopefully relief.
The delay in delivering justice has compounded the grief and anguish felt by so many. After being lied to and ignored for decades, they finally have their day.
This report must mark the beginning of the end of this shameful scandal.
Sky News will have full coverage of the infected blood report on TV, online and on the Sky News app today
“Losing Gary, my soul mate, was beyond painful,” says Kathryn Croucher, whose husband died aged 42 in 2010.
“Every day was a struggle dealing with the knowledge he was HIV and Hepatitis C positive.”
“Mum always said she was given a death sentence,” recalls Ronan Fitzgerald. His mother, Jane, died aged 54 after being infected with Hepatitis C when she was 16. “It was a ticking time bomb.”
Sky News will have full coverage of the infected blood report on TV, online and on the Sky News app today.
More than 30,000 Britons were infected with HIV and Hepatitis C after being given contaminated blood products in the 1970s and 1980s.
Around 3,000 people have died as a result of the scandal, while many more still live under the shadow of health problems, debilitating treatments and stigma. Now, the findings of a public inquiry, first announced in 2017, will finally be published.
These are 100 faces of infected blood victims that either they, or their families, have shared with Sky News.
“I’m never drinking tap water again,” Kayley Lewis says.
“My symptoms have made me lose a stone in two weeks.”
Ms Lewis and her two children have been suffering from diarrhoea, vomiting and stomach cramps for over a fortnight – since South West Water found small traces of the parasite cryptosporidium in the Hillhead reservoir.
“I can’t trust them [South West Water] again.
“I might start using tap water for dishes… but definitely never to drink. Ever.
“I’ve been completely put off now… especially because of how poorly it makes you feel.
“I just don’t think I could ever try and risk going back to that.”
At least 46 people are confirmed to have the disease, while as many as 70 other cases of diarrhoea and vomiting are also under investigation, the UK Health Security Agency (UKHSA) has said.
South West Water (SWW) has repeatedly apologised – telling Sky News today that they are working “around the clock” to get all households back to using safe water again.
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This could be as early as this Wednesday, drought and resilience director at SWW David Harris told me.
“We’re looking at somewhere between mid to late next week before we’ll be in a position to be able to responsibly lift that boil water notice.”
So far, 14,500 households in the Alston supply area can drink their tap water without boiling it first – as advised by SWW.
However, some 2,500 homes in Hillhead, upper parts of Brixham and Kingswear have been told to continue boiling – and cooling – their water supplies before drinking it.
Steve Price, who runs the Station Guest House B&B near Brixham, said he lost a couple of thousand pounds in bookings due to – understandably – paranoid customers.
“Losses we anticipate are roughly around £2000 from people that have cancelled and directly stated that the cancellation was due to the water situation.
“So we would anticipate that at the bare minimum as compensation.”