S2W-30449 - Colin Fox (Lothians) (SSP) (Date Lodged 7 December 2006) : To ask the Scottish Executive how it reconciles the position taken by the Minister for Justice and the Lord Advocate on the benefit of applying racist and sectarian aggravations in respect of hate crime with its decision not to provide such protection to lesbian, gay, bisexual and transgender people and disabled people.
Answered by Johann Lamont (19 December 2006): The Scottish Executive deplores all crime, particularly that motivated by prejudice of any kind. The common law in Scotland allows the courts to take forms of prejudice into account as aggravating factors. We consider that the creation of further statutory aggravations would work against our wider objective of improving consistency in sentencing. We are at present considering carefully how that objective can be achieved, against the background of the recommendations contained in the Sentencing Commission’s recent report on the matter.
S2W-30370 - Colin Fox (Lothians) (SSP) (Date Lodged 5 December 2006) : To ask the Scottish Executive whether it will reconsider its decision not to implement the recommendation in the report of the Working Group on Hate Crime that there should be a statutory aggravation for crimes motivated by malice or ill-will towards people based on their sexual orientation, transgender identity or disability, similar to that of sectarianism and racism.
Answered by Johann Lamont (19 December 2006): I refer the member to the answer to question S2O-11201 on 23 November 2006. All answers to written parliamentary questions are available on the Parliament’s website the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.
S2W-30369 - Colin Fox (Lothians) (SSP) (Date Lodged 5 December 2006) : To ask the Scottish Executive what the ministerial decision-making process was that resulted in the Executive deciding not to implement the recommendation in the report of the Working Group on Hate Crime that there should be a statutory aggravation for crimes motivated by malice or ill-will towards people based on their sexual orientation, transgender identity or disability, similar to that of sectarianism and racism.
Answered by Johann Lamont (19 December 2006): This decision was taken following normal procedure in the context of collective Cabinet responsibility, namely, after full and careful consideration by all those ministers with an interest in the matter. The member will also wish to take account of my answer to question S2O-11201 on 23 November 2006. All answers to written parliamentary questions are available on the Parliament’s website the search facility for which can be found at:
http://www.scottish.parliament.uk/webapp/wa.search.
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