 The next item of business is a statement by Annabelle Ewing on hate crime. The minister will take questions at the end of her statement so there should be no interventions or interruptions and I call on Annabelle Ewing. You have 10 minutes please minister. Thank you Presiding Officer. Recent news coverage of events around the globe has starkly demonstrated that hatred and prejudice continue to have very serious consequences for people and communities across society. In recent times we have seen racism and religious bigotry on the rise around the world. These reports and the subsequent and increasingly frequent online furor they generate can lead to increased attacks on everyone from people from ethnic minority communities to people with disabilities and every vulnerable community that is easy prey to bigots and bullies. Discussions in the media and online about Brexit highlight the need for us to ensure that those from across the European Union who have made Scotland their home feel secure. Scotland is an open and inclusive nation but we are not immune from such hateful behaviour. Our communities sometimes face prejudice and abuse through both direct physical confrontation and currently online hate abuse. I know that everyone across this chamber would condemn the deliberate targeting of our minority communities with hate filled prejudice. I am sure that we are all united in seeking to offer our communities the protection they need in law to give them access to justice when they are subjected to such behaviour. Prejudice and hate have a huge impact on the quality of life of individuals and the community to which they belong. Trust becomes more difficult and whole families and groups withdraw into smaller circles of safety with significant consequences for the overall level of trust and social capital across the whole of society. Earlier today, our debate on Holocaust Memorial Day highlighted why we must never forget the injustices that have led to the demonisation of communities and horrific acts of genocide. We must be vigilant to ensure that history does not repeat itself and that no one is allowed to make scapegoats of our minority communities. We must all of us always bear witness. At this Parliament, we debated the issue of hate crime last November and raised the possibility of a review of hate crime legislation and organisations such as the Law Society and the Equality Network provided written briefing supporting such a review. The need for robust legislation to tackle hate crime is as great as ever and that is why today I am announcing that the Scottish Government has commissioned an independent review of hate crime legislation in Scotland. The review will be led by one of the most senior members of the Scottish judiciary, Lord Bracadale. He will make recommendations on how we can ensure that the hate crime legislation that is applied to protect Scottish communities is fit for purpose in the 21st century. The review will be taken forward entirely independently of the Scottish Government. The remit has been placed in SPICE and I can confirm. It will consider whether existing hate crime law represents the most effective approach for the justice system to deal with criminal conduct motivated by hatred, malice, ill will or prejudice. Lord Bracadale's considerations will include looking at whether the current mix of statutory aggravations, common law powers and specific hate crime offences is the most appropriate criminal law approach to take. Whether new categories of hate crime should be created for characteristics not currently covered in existing legislation such as age and gender. Whether existing legislation can be simplified, rationalised and harmonised and how any identified gaps, anomalies and inconsistencies can be addressed. Lord Bracadale will also consider whether we need to change or amend the current legislative framework and if it guarantees that human rights and equality, including the right to freedom of speech, are protected. Another central concern of the review is the need to consult all interested parties to ensure Lord Bracadale's recommendations are informed by evidence. That is why Lord Bracadale will be taking forward an open public consultation on the review. In addition, Lord Bracadale has indicated that he is happy to meet with spokesperson from all the parties represented in this Parliament so that he can incorporate the views and opinions of this chamber into his findings and recommendations. The current legislation relating to hate crime has developed over decades in a piecemeal manner and this review allows us an opportunity to take stock and to look at all of this legislation in a holistic way. That means that the review will consider specifically the wide range of legislation that has an impact on tackling hate crime. That includes the offences aggravated by prejudice Scotland Act 2009, the criminal justice act 2003 and, of course, the offensive behaviour at football and threatening communications Scotland act 2012. I am, of course, aware of the views of this chamber in relation to the offensive behaviour at football act. The Government remains opposed to repeal of the offensive behaviour at football act without a viable alternative. Such a move would take away protection from some of our most vulnerable communities. For example, repealing section 6 of the act would leave an unacceptable gap in Scottish legislative protection. Unlike elsewhere in the UK, prior to the introduction of the act, there was no specific offence in Scots law criminalising threats made with the intent of inciting religious hatred. That was an obvious gap and it was clear that legislation was required to address it. The review that I am announcing today recognises the concerns of this Parliament. The review provides a responsible and practical response to those concerns by allowing the act to be considered within the context of all hate crime legislation, which will help to ensure that the overall legal coverage offered to vulnerable communities is appropriate. The review goes far beyond football. We are determined to ensure that those who peddle extreme and intolerant ideologies, those who admire the hatred of the far right and want to undermine civil liberties and human rights, and those who simply wish to make scapegoats of anyone different to themselves do not find any foothold. There is no place for such behaviours in modern Scotland. Those who indulge in hate crimes often fear losing their privilege and power. That is the privilege to abuse and power to harm the weakest and most marginalised in our society. Some cannot accept that the only secure future is one where we are able to live side by side as equals and equality based on trust, respect and most importantly understanding. The laws that have been put in place to tackle hate crime were designed to protect the vulnerable. They make it clear that a modern forward-looking society will not tolerate hating people simply because of who they are. Now, more than ever, we need to revisit the body of applicable legislation in Scotland and make sure that this fundamental principle is not allowed to slip, that it is not allowed to be lost in the changing global environment. If left unchallenged, that will push people into ever more polarised positions and will simply lead to greater and greater fragmentation of society. We will be vigilant and we will not stand by and let that happen. In closing, I would like to reaffirm the Scottish Government's commitment to tackling all forms of hate crime. I believe that the independent review will ensure that Scotland is leading the way in providing adequate and appropriate protection to all communities. I therefore commend this important review to Parliament and hope that all parties will engage positively with Lord Bracadale in developing his recommendations and ensuring that Scotland can live up to the ideal of being a modern, outward-looking, open and inclusive country. On behalf of the Scottish Conservatives, I thank the minister for the advanced sight of her statement and welcome the forthcoming review of hate crime legislation in Scotland. We can all agree that hatred and prejudice have no place in our society and members on those benches will engage with Lord Bracadale as he embarks upon his important undertaking. The minister's statement mentioned, and I quote, the wide range of legislation that has an impact on tackling hate crime, but then goes on to focus on just one, the Offensive Behaviour at Football Act. Why are the Scottish Government continuing to ignore the will of Parliament when it comes to this piece of flawed legislation? Less than three months ago, Parliament voted to repeal the Offensive Behaviour at Football Act, and I remind the minister that that is an act that has been heavily criticised by the legal profession and the judiciary. Why is the minister including this piece of legislation in the review instead of setting out a timeline to repeal this act as clear the will of Parliament made in November last year? It is important that the criminal justice system is equipped to deal with hate crime. It is also vital that victims come forward to report their experiences of hatred. I note in the latest hate crime statistics from the Crown Office that disability hate crime in particular continues to be under reported compared to other forms of hate crime. Can I ask the minister to confirm what the Scottish Government is doing to encourage and improve the reporting of all types of hate crime in Scotland and how the Bracadale review will look at reporting of hate crime as well? Annabelle Ewing. I welcome the constructive comments made at the outset of Mr Ross's question. It is good to hear that the Conservative Party will engage freely with the review. On the specific questions that the member raised on the first question on the position of the Offensive Behaviour at Football Act and the Threatening Communications Act, I tried to reference the review in terms of the fact that it is a very wide-reaching review. I referred to a number of pieces of legislation but I also felt that it was important to reflect and recognise the views of the chamber with respect to one piece of the hate crime legislation at Jigsaw. That is why I spent a bit of time on that and I think that the chamber would have been a surprise if I hadn't done it. Our position is clear and it has remained clear that without a viable alternative we do not support a repeal. For the reasons that such a move would take away protections, particularly at this time and with the threats to civil liberties and people's rights and to equality that we see across this world, this would be the wrong time to take away protections from people. The responsibility of the Government is to ensure that the whole body of hate crime legislation is fit for purpose in the 21st century. That includes the consideration of a key piece of hate crime legislation being the Offensive Behaviour at Football and Threatening Communications Act. With respect to the second question that the member raised about disability hate crime, I agree that there is much more to be done in ensuring that people with a disability feel much more comfortable in bringing forward their concerns. In that regard, I was very pleased indeed to note the publication of the disability delivery plan that my colleague Jeane Freeman published in early December last year, setting forth some 93 actions, one of which was to ensure that we, the Scottish Government, work with disabled people's organisations and Police Scotland to do what we can to encourage more reporting of hate crime incidents. Clare Baker. Thank you, Presiding Officer. I start by thanking the minister for the advance copy of the statement. The announcement of the review is welcome and we will work with Lord Bracadale. There is a need to ensure that our legislation is relevant to the modern world and its challenges and that racism, bigotry and hatred have no room in our society. Last year, we saw the doubling of Islamic hate crimes and year-on-year increases in crimes relating to disability and sexual orientation. It is clear that we must take greater action and ensure that all our citizens are protected. I note that the Offensive Behaviour Act is included in the review. The minister is aware that it is the view of Parliament that the act should be repealed. While I note what she says about the impact of removing the act, we do not share her view that there is no viable alternative. I believe that the review will recognise that. We wish the review well to support the work of Lord Bracadale. Will the minister commit to publishing a full breakdown of all hate crime statistics, as is currently the practice with the religiously activated offending report in order to better inform the work of the review? Annabelle Ewing. I would like to thank Clare Baker at the outset for her constructive comments and her desire to be involved in the review in terms of making sure that your input and your party's input is part of the work that Lord Bracadale will be taking forward. As I said, it is a key part of the hate crime jigsaw of legislation in Scotland. It is quite right and proper that it is part of the wide consideration of whether hate crime is appropriate and effective in 21st century Scotland that we look at that act as well. In the consultation of Mr Kelly, who is not in the chamber, the Crown Office took the view that, in some circumstances, it would only be capable of securing a conviction by using the provisions of the act as opposed to any other provision. Stonewall Scotland and the Equality Network expressed concern that, simply repealing the act would send a very worrying signal that, somehow, that behaviour was acceptable. There are different views, but I hear what the member says, and that will be part of the wider review. In terms of the reporting of hate crime, we all need to do much more to ensure that people feel comfortable in reporting hate crime in whatever way it manifests itself. That is a commitment that we have made. Finally, in terms of the hate crime statistics, I will undertake to look into that point specifically and speak to the statisticians as well. I would not undertake to do things that perhaps statistically we are going to present particular challenges. I hear what the member says, and any information that we can bring to the table is the best way to go. I ask all members to bear in mind that, the longer the questions and answers are, the less chance there are that everyone gets an opportunity. Having said that, I call Christina McKelvie to be followed by Annie Wells. The minister will be aware that the Equality Human Rights Commission has raised concerns that, at the start of formally leaving the EU, could cause an increase in crime and a backlash against EU citizens, something that we already saw in England following the referendum in June. How will the Scottish Government ensure that this backlash does not occur in Scotland? He caught me by surprise here. That was very quick for you, Ms McKelvie. Thank you, Presiding Officer. I think that I wouldn't comment on that. What I would say is that immediately after the referendum vote in June 2016, the First Minister said, and I repeat, that citizens of other EU countries living here in Scotland remain welcome here. Scotland is your home and your contribution is valued, and that is a message that we must, all of us, strive to get across every single day, particularly as we see the article 50 process, apparently about to be triggered fairly shortly. It is a duty of incumbent all of us to ensure that all of our citizens feel comfortable living in Scotland where they have chosen to make their home. In terms of practical considerations, of course, the hate crime review will be intended to ensure that, in fact, for every citizen in Scotland, hate crime law protects their position, that it is available for all, and that is a very important feature of this review. Also, I know that my colleagues in the qualities team are shortly to proceed with another hate crime awareness campaign, and I think that that was announced in our excellent debate that we had in November last year. I am sure that that will also be a very timely intervention as we approach with some trepidation the months ahead. Annie Wells, to be followed by Fulton MacGregor. Thank you, Presiding Officer. Last June, figures from the Crown Office showed that, in Scotland, sexual orientation and disability-related hate crime rules by an alarming 20 per cent and 14 per cent respectively between 2015-16. I raised this in the chamber during a debate in November, and I want to ask the minister again what specific action the Scottish Government will take to tackle these types of hate crime. Annabelle Ewing. On the issue of disability in response to your colleague, I explained that the very important development of the disability delivery action plan has 93 separate actions that are expected to be carried out. That is a very important development. We will work closely with disabled organisations and Police Scotland to encourage greater reporting. On the increase in reported hate crime in sexual orientation, I note the statistics and I find them very worrying indeed. We have proceeded with a number of actions in terms of a whole range of activities, including across the Equality portfolio. A very significant amount of funding has gone in over recent years. In the current financial year, there are 3.1 million, which is available for a wide range of projects that are trying to ensure that we are vigilant indeed. As we look forward, we see in terms of the position within our schools the refresh of the anti-bullying strategy guidance for which it is expected quite soon. Of course, we are working with the Thai campaigners to ensure that the issues that they have raised are properly addressed. Fulton MacGregor, followed by Mary Fee. I would like to ask the minister what the Scottish Government is doing to tackle the problem of sectarianism that exists across the country, affecting people in my constituency and many others. Annabelle Ewing. The member raises a very important point. I remind the chamber that the Scottish Government has invested some £12.5 million over the past five years to the end of this financial year in a number of very important projects seeking to tackle sectarianism working through the education sector. I know that there are particular projects involving the citizens theatre, which is a sense over sectarianism, known by mouth to name but three. Also, we recognise that education is a key element and we have been working with Education Scotland to produce a national resource available to schools. Over the past five years, we have committed more than any previous administration and, of course, future funding. Activity will be informed by the very important review that Dr Duncan Morrill is carrying out in terms of looking at how his recommendations in the 2015 report that his advisory group prepared in tackling sectarianism in Scotland to look at how those recommendations are being implemented. We expect that work to be produced shortly and we will look at that carefully to inform the next steps. Mary Fee, followed by Kate Forbes. I welcome the statement today on hate crime. Is the minister able to provide any further details on the open public consultation? Can she give us any assurances that such a consultation will reach all of those in Scotland who are subject to hate crimes who may otherwise be overlooked, for example those where English is not their first language or Gypsy travellers? Annabelle Ewing. The member raises a very important point, and it is one that Avalon Shure gets fed into the process. It is absolutely the case that anybody that has got something to say has some evidence to bring forward. I am sure that we most gratefully received. In terms of general stakeholder engagement, I am shortly after this statement to go and speak to some key stakeholders and we will also be in written contact with other stakeholders as well today. I hope that, through their networks, they can help to make sure that wider and ambit is reached as possible. Kate Forbes, followed by Patrick Harvie. One of the most significant developments in the last few decades has been online hate crime, which is utterly vile and yet under-reported in my view because a lot of online abuse is accepted as just normal. Will that review ensure that it is easier and more routine to report online hate crime, which is targeted at someone and motivated by prejudice, while, more importantly, safeguarding freedom of speech? Annabelle Ewing. Yes, I would say that the issue of online hate crime is really quite fundamental now because, of course, so much activity takes place online and that is the future. Obviously, it is an important part of the review to look at how effective our legislative framework is in dealing with online hate crime at this point and what we could do to enhance that protection, whilst, of course, recognising that one of our very important rights is indeed the freedom of expression. I would say that, obviously, some online protection is provided in section 6 of the Offensive Behaviour at Football and Threatening Communications Act, and a simple repeal of that without anything else in its place would take away protections that are currently in existence. Patrick Harvie, followed by Liam McArthur. I welcome this review and, in particular, the commitment that it will include consideration of a consolidated hate crime act, something that I thought was worth considering since Parliament passed my own member's bill that became the 2009 act. However, can I ask about the comments from the minister that, prior to the introduction of the Offensive Behaviour at Football and Threatening Communications Act, there was no specific offence in Scots law criminalising threats made with the intent of inciting religious hatred? The minister describes that as an obvious gap. Isn't it more accurate to say that this was a choice that Parliament had consistently made by consensus that aggravation of existing offences was the way to go rather than the introduction of piecemeal incitement legislation? Can the minister confirm that the review group will not be given any preset assumptions or preconditions about the role that the Government expects to see incitement to hatred legislation playing in future? Annabelle Ewing. I would like to say to the member that, obviously, we have set the remit that is in Spice and Lord Bracadale will be carrying out the review. Lord Bracadale will determine where his review takes him and he is being tasked in terms of the actual express remit to look at the important issue of statutory aggravations. This is an independent review, and Lord Bracadale, one of the most experienced criminal law and practice judges in Scotland, will take his review where he feels it needs to go to fulfil the remit, which is to see whether or not our body of law that is piecemeal and, indeed, I know that Patrick Harvie had called for consolidation some years ago, quite rightly so. Therefore, the duty of Lord Bracadale is to look at the whole body of law to determine its effectiveness, its appropriateness in the context of 21st century Scotland. I am sure that he will be reading the official record of the debate today, and I know that Mr Harvie and his party will wish to feed into the review as well. Liam McArthur, followed by Rona Mackay. I thank the minister for early sight of her statement. I also welcome the review as part of our on-going efforts to bear down on hate crime in all its forms. Certainly, it is Scottish Liberal Democrats who are more than happy to engage with Lord Bracadale. In terms of specific questions, could the minister advise the chambers to whether the Lord Advocate or indeed the Crown Agent has identified particular cases or types of cases that are not being brought forward or not securing prosecution given the current legal landscape? Can she also assure the Parliament that, as part of this review, the support available to victims, some of which is based through legislation, will also be up for consideration? I welcome Liam McArthur's constructive approach to the review as well. It is good to hear that he too will be quite happy to work with it. In particular, I am not aware that the Lord Advocate has brought any information to me, but I think that it is timely to have a look at where we are with our hate crime law, because it is found in common law, it is found in statutes and, of course, as we have heard from Mr Harvie, there are a number of statutory aggravations. It is timely to have a look at the adequacy of our hate crime legislation in 21st century Scotland. On the issue of victim support, that would not be a particular element of the hate crime legislation that would fall directly within Lord Bracadale's remit, but it is a matter for the Government to continue to look at that. I assure the member that the justice portfolio will always continue to look at what more we can do to help victims. Rona Mackay, followed by Jamie Greene. To ask the cabinet minister if she agrees that more should be done to prevent homophobic bullying at school. In light of the shocking statistics, 90 per cent of LGBTI people have experienced homophobia, biphobia and transphobia at school. 27 per cent of LGBTI people have attempted suicide once as a result of bullying, and 79 per cent of teachers have asked support to the LGBTI inclusive education initiative, known as TAI. Every child should feel safe and respected at school, and that is a duty that each one of us has to ensure happens. In respect of the TAI campaign specifically, I would like to echo what the First Minister said at First Minister's questions last week, that there is indeed a commitment to take forward the issues that the TAI campaign has brought to our attention and that we would wish to do so in consultation with the excellent TAI campaigners. Jamie Greene, followed by Pauline McNeill. It is fitting that today we discuss hate crime as just an hour ago I sat in this chamber and listened to some of the horrors of the Holocaust, and whilst hate itself will never go away, the means by which it manifests itself has changed dramatically. Can I ask the minister therefore that whilst considering the issue of cyber abuse and online hate crime, will the review robustly and adequately ensure that offences like this are both recorded and dealt with properly? Annabelle Ewing? In terms of the review announced today that Lord Bracadale will proceed with, the first task is to assess the adequacy and effectiveness of the legislation and the body of substantive hate crime law that is there. In terms of the mechanics of ensuring that we have ways of recording and reporting and assessing how we are doing in the years going forward, that may be something Lord Bracadale wishes to get into, but equally I suspect that it would more likely be for the Government to consider at the end of the process when we receive the recommendations of Lord Bracadale. Pauline McNeill, followed by John Mason. Presiding Officer, I welcome the minister's statement. Would the minister recognise that tackling hate crimes is not simply about framing the right laws but resourcing services to implement the law? Will the minister give a commitment that the Government will not rush to legislate for the sake of it? There are, however, as other members have highlighted, some areas where Lord Bracadale should look for review. Social attitudes to transgender people have improved but they still face acute prejudice and we know that there is severe underreporting. Does the minister agree that in the area of transphobic hate crimes this may be an area of interest to Lord Bracadale to examine whether there is a specific law needed for this purpose? I would say to Pauline McNeill that, first of all, the Government at the end of the process will carefully consider any recommendations that Lord Bracadale has brought forward. I would also say that I would imagine that the area that the member mentioned transphobic hate crime as well as any other areas will be areas that the Lord Bracadale will wish to consider when looking at the adequacy of our body of hate crime legislation in Scotland in the 21st century. One of the strengths of the Offensive Behaviour at Football Act has been that it dealt with offensive behaviour at football fairly, obviously. In particular with sectarianism, anti-Irish racism and anti-Catholicism, can the minister assure us that we will not be losing focus on those very important issues? Annabelle Ewing? The Lord Bracadale is commissioned to look at the adequacy of the body of hate crime legislation in Scotland, including, as I have mentioned, as part of that wider review of the Offensive Behaviour at Football and Threatening Communications Act. Of course, it remains on the statute until such time as it is not on the statute book. Finally, as I mentioned in an answer to Fulton MacGregor, the focus that we have had in investing in funding for various very important sectarian projects to tackle sectarianism has been some £12.5 million over the last five years. We will consider how we take those projects forward, including working with Education Scotland to ensure that we have a national resource embedded as part of our education. That ends questions to the minister. I will give a couple of moments for places to be changed.