THE Scottish government is facing questions about the possible impact of new hate-crime legislation on the current definitions used for anti-semitism in Scotland. 

The Scottish Palestine Solidarity Campaign (SPSC) has called for plans for hate-crime legislation to be clarified — and to protect the legitimate right of citizens to campaign. 

Activists from the rights group have raised concerns about the current definitions in the proposed Hate Crime & Public Order (Scotland) Bill, having been advised that legitimate criticism or debate could lead to politically motivated malicious or vexatious complaints. 

Holyrood’s justice committee has called for views on the legislation.

Reporting on the Bill, former senior judge Lord Bracadale said that the “freedom to subject political entities and foreign states to legitimate criticism” could be affected by the inclusion. 

He warned that this could have “unintended consequences regarding the curtailment of freedom of expression and freedom of political debate.”

And he suggested that “insulting” be removed from the threshold of “threatening, abusive or insulting” behaviour in relation to the stirring-up of racial hatred. 

The SPSC has said that Lord Bracadale’s suggested changes would pose problems because of the government’s existing endorsement of the International Holocaust Remembrance Alliance’s (IHRA) much-criticised working definition of anti-semitism. 

The government has now been urged to explain how the IHRA definition is compatible with Lord Bracadale’s recommendations, given that several of the “accompanying examples” risk confusing anti-semitism with legitimate criticism of Israel. 

SPSC chairman Eurig Scandrett said: “There is a real risk that this legislation will invite malicious complaints from those who wish to silence criticism of Israel. This is not a minor issue. 

“Even where no conviction results, to be prosecuted for hate crime would be especially harrowing given the understandable stigma and the potential impact on family, employment prospects and personal reputation. 

“Malicious complaints will be used to intimidate legitimate campaigners. The historical and present experience of the Palestinian people living under brutal occupation, apartheid and settler colonialism and as refugees is being denied and potentially criminalised.

“If the Scottish government really believes that people must have a greater and clearer understanding of hate crime and its consequences, then they must accept that the IHRA working definition is incompatible with freedom of speech.”

The Scottish government has been approached for comment.