A few people have been asking (perhaps with a touch of mischief in mind) for my views on the Hate Crime Act, which is less than thirty hours from entering into force. Not for the first time, I find myself somewhere in between the two extremes. I certainly rolled my eyes to the heavens when I saw that Stuart Campbell had announced that he's temporarily shutting Wings Over Scotland down while he supposedly seeks urgent legal advice (which he's crowdfunded for, naturally) on whether it's safe to put the site back up. This is a classic exercise in tiresome Campbell theatrics to try to make it look as if SNP-run Scotland has turned into East Germany overnight, and if anyone is gullible enough to think the outcome will be anything other than Wings Over Scotland reappearing next week, possibly as early as Monday lunchtime, then, well, I've got a bridge to sell you. I dare say he will genuinely spend the crowdfunded cash on legal advice, incidentally, but as with his stunt legal action against Kezia Dugdale, there are plenty of other ways in which independence supporters could be getting far better value for money. I confidently predict that the outcome of this legal advice will be exactly what Campbell already knows from common sense, ie. that of course he can continue publishing a political website, but if he wants to be on the safe side he could remove certain controversial posts and stay off certain topics in the future. There you go, I've just saved you £12,000.
On the other extreme, though, there are people talking and writing as if support for the Hate Crime Act is somehow an extension of support for independence, simply because it was passed by the SNP and the Greens. That's a very dangerous road to go down, because anyone passionately opposed to the law may take the cue and decide there's no place for them anymore in the independence movement. As has been pointed out in many quarters, the problem is not that the Act does not have adequate safeguards against unjust convictions, it's that there aren't adequate safeguards against unjust arrests. There's not much comfort in being eventually acquitted if you've already been locked up, had your possessions seized and gone through the unimaginable stress of a prosecution.
I suppose I would sum up my view as this: not only is it wrong in principle to crack down on freedom of speech, it's also incredibly annoying that the SNP government has devoted so much time and energy to a bad law that can only divide the independence movement. If they hadn't done it, we could at last be moving on from the divisions of the trans issue, but there's not much chance of that now.