By John Lamont MP
This week, the Hate Crime Act will officially come into force for people in the Borders and across Scotland.
I am deeply concerned about the impact this new law will have on freedom of expression.
I know many of you feel the same as I've been contacted by dozens of constituents who fear that this Act may risk free speech and result in the criminalisation of people who have done nothing wrong.
The Hate Crime Act was introduced by Humza Yousaf, now the First Minister, back when he was the Justice Secretary. While the original intentions of the law appeared to be reasonable, it became dangerous and potentially sinister.
Groups from across Scottish society raised serious concerns about this law as it passed through the Scottish Parliament, including legal experts, religious organisations, writers and police officers.
While opposition to the controversial law was widespread outside of the Parliament, the Scottish Conservatives were the only party to oppose it at Holyrood.
My party has outlined serious flaws, grey areas and murky definitions in the Act that will make it incredibly difficult for police officers to enforce effectively. The law was badly drafted and is unworkable.
Instead of reducing real hate crimes, it could overwhelm already overworked police officers with vexatious complaints. Since every complaint will be investigated, it will take up huge amounts of police time.
It is ripe for abuse, not only by malicious people, but by activists with an agenda who could swamp police with fruitless complaints. The consequence could be officers turning up at people's doors and potentially recording a "non-crime hate incident" against an innocent person.
How can it be right for the SNP Government - or any government anywhere - to interfere so much in private life?
How can the state be allowed to decide what people can or cannot say in their own homes?
How can officers judge the thoughts and intent behind people's words?
There are no good answers to those questions. That's why I am strongly opposed to this new law and the potentially chilling effect it could have on free speech.
Even if it does not result in wrongful criminalisation of people for stating a legitimate opinion, there is a risk this law will limit what people feel they can say, especially when it comes to criticising government policy.
I cannot support a law that removes your fundamental right to speak your mind.
