ONE of the most controversial pieces of legislation ever undertaken by the Holyrood Parliament has been approved by MSPs. The Scottish Parliament voted by 82 to 32 with four abstentions to pass the Hate Crime and Public Order Bill.

Before and during a sometimes passionate debate that had to be extended to a second day, the Scottish Government accepted several amendments to the bill, particularly to safeguard freedom of speech.

The Government did not accept, however, an amendment which would have made sex a "protected characteristic" under the new law. The bill draws together such characteristics - race, disability, religion, sexual orientation, transgender identity and age - into one law.

Justice Secretary Humza Yousaf MSP opened the debate by saying: “It is so important to recognise the safeguards in the bill; they are really strong safeguards.

“A necessary element of the new stirring up of hatred offences is that they will now require an intention to stir up hatred. That provision safeguards freedom of expression.

“It's being made clear in the bill that there is an objective test that safeguards freedom of expression. The availability of a reasonableness defence safeguards freedom of expression.

“Requiring each element of the stirring up of hatred to be proved beyond reasonable doubt, with corroborated evidence, safeguards freedom of expression.

“At stage 3, amendments introduced a new freedom of expression provision for all characteristics except race. That safeguards freedom of expression.”

Conservative spokesperson on justice Liam Kerr MSP said the bill went too far, arguing: “The bill contains no defence regarding private conversations in people’s own homes. The police could come to someone’s home, having received a report of their having stirred up hate around the dinner table, and could take witness statements from those present, which, presumably, could include their children.”

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Speaking later, Adam Tomkins MSP, Conservative convener of the Justice Committee who was given credit by all sides for his work on the bill, said: “Even those changes, welcome though they are, have not quelled the very real fear that continues to stalk this land because of the bill.

“As we heard yesterday, in terms as passionate, dignified and compelling as anything that I have ever heard in the chamber, people - in particular, women - are afraid. That the bill has induced such fear in the women of this country should make us all pause.

“I hope that we have done enough to ensure that women’s fears about the bill are not realised in practice.”

For Labour, Neil Bibby MSP said: “Scottish Labour believes that hate crime should be dealt with by using the full force of the law.

“In our manifesto, we made a promise to take a zero tolerance approach to hate crime. Crimes that are rooted in prejudice and hatred of another based on any of the protected characteristics should offend and alarm us all. Victims should feel confident that they can come forward and that their doing so will make a difference.”

It was a former Scottish Labour leader, however, who made the most powerful plea against the bill because sex is not a protected characteristic.

Johann Lamont MSP said: “As someone who has been committed to equality all my life, I regret very much that I will not be able to vote for the bill at the end the day.

“I hope that nobody, in this chamber or anywhere else, takes that to mean that I want anybody in our community to face hate, disadvantage or abuse, because it is not for that reason that I cannot support the bill; it is because it does not address a fundamental problem.

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“In real time yesterday, as we were debating the legislation, we were hearing on the news of yet another victim of male violence.

“In real time, women were taking to social media to describe what we do every day to keep ourselves safe, whether we are walking in a park or running or getting a bus. That is the reality of women’s lives, and that is the reality that is not being addressed in the bill.”

The Scottish Government has set up a working group under Baroness Helena Kennedy to examine the issues of misogyny and whether sex should be included as a protected characteristic.

Justice Secretary Yousaf told the chamber: “I do not have an in-principle objection to a sex aggravator. If the recommendation is to include one, it will be included.”