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Scottish Election
Briefing 2021
AN ANALYSIS OF PARTY POLICIES ON
ISSUES OF IMPORTANCE TO CHRISTIANS
christian.org.uk/
scottishelection
Contents
3 Introduction
8 Scottish National Party
12 Scottish Conservatives
16 Scottish Labour
19 Scottish Liberal Democrats
21 Scottish Greens
23 Reform UK Scotland
24 More information about legislation and public policy
32 References
KEY RESOURCES
Party manifestos Questions for your This Scottish
candidates Election Briefing
Find links to 2021 These help Christians Further copies can
manifestos of the parties find out the views of their be ordered from our
covered in this publication candidates. See the back office on 0191 281
as they become available cover of this publication 5664 or downloaded
at christian.org.uk/ or christian.org.uk/ at christian.org.uk/
scottishelection scottishelection scottishelection
All information in this briefing is correct at time of publication | Copyright © The Christian Institute 2021 | All rights reserved
Published by The Christian Institute, Wilberforce House, 4 Park Road, Gosforth Business Park, Newcastle upon Tyne, NE12 8DG
No part of this publication may be reproduced, or stored in a retrieval system, or transmitted, in any form or by any means, mechanical,
2 electronic, photocopying, recording or otherwise, without the prior permission of The Christian Institute.
Introduction
SCOTTISH PARLIAMENT (Romans 13 and 1 Peter 2). This benefits all
ELECTION 2021 people in this world, not just Christians.
As a general rule Christians follow Jesus’
As Christian citizens, we should think command to: “Render therefore unto Caesar
carefully about how we vote in the elections the things which are Caesar’s” (Matthew
for the Scottish Parliament on 6 May. 22:21, KJV).1 Christians are citizens of
The Christian Institute is a registered heaven (Philippians 3:20) and also of an
charity and we cannot tell you how to vote. earthly nation. The Christian’s duty is to obey
What we can do in this briefing is address: the governing authorities. The exception
is where they forbid what God requires, or
ĥ why should you vote? require what God forbids (Acts 5:29).
ĥ biblical priorities It is our earnest prayer that Christians
ĥ issues on the horizon will have freedom to share the Gospel
ĥ two key factors in voting and live out the Christian life (1 Timothy
ĥ speaking to candidates 2:1-4). In praying “deliver us from evil”
ĥ party policies on key issues (Matthew 6:13) we are praying against the
ĥ background information on persecution of the Church as well as against
legislation and public policy. personal temptation.
Our analysis of party policies covers Common grace and the
many issues where important Christian privilege of voting
principles are at stake. They tend to be issues Romans 13 makes clear that God has
where biblical standards, particularly the Ten ordained the governing authorities in every
Commandments, directly apply. In modern country, whether rulers are Christian or not.
Scotland they can be among the most Thanks to God’s common grace, there are
controversial subjects, yet in our view the many non-Christians who take the morally
Bible is perfectly clear about them. right view on a range of issues. Nobody’s
We cannot be exhaustive. There will thinking is wrong at every point. Politicians
be other areas of concern where much who disagree with Christians about
material is available or where there is redefining marriage can still be strongly
honest disagreement among Christians against assisted suicide or liberalising drug
holding to the Bible as their authority, laws. Some atheists will strongly defend
such as the environment. the free speech of Christians. The Christian
Institute can testify that there are men and
WHY SHOULD YOU VOTE? women of integrity in parties across the
political spectrum.
The state is a means of God’s ‘common Like the prophet Daniel, God’s people
grace’. The Bible is very clear that the must encourage leadership which promotes
governing authorities act on God’s behalf truth and righteousness, such as when he
to restrain evil and promote what is good said to King Nebuchadnezzar: “Therefore,
3
O king, be pleased to accept my advice: For a very large proportion of political
Renounce your sins by doing what is right, issues, making a Christian judgement
and your wickedness by being kind to the depends on the wise assessment of
oppressed” (Daniel 4:27). several biblical principles. This can result in
But unlike Daniel, Christians in Scotland Christians arriving at different conclusions.
today get to play a part in electing their For example, we know for certain that the
leaders. In our democracy we all have the state has a right to levy taxes (Romans 13:7).
legal right to vote. Billions of people around But Christians who hold to biblical truth
the world do not enjoy the same freedoms can legitimately disagree on the level of
as we have here. We elect Members of individual taxes.
the Scottish Parliament and so ultimately
the Scottish Government. We help choose ISSUES ON THE HORIZON
‘Caesar’. So voting is a privilege and a
serious responsibility.2 The new Parliament elected on 6 May
The election provides an opportunity for 2021 could vote on laws affecting religious
Christians to speak out and play their part liberty, freedom of speech, transgender
by voting. Governments can make it easier rights, abortion, assisted suicide and drugs
or harder to live freely as a Christian or to legalisation. More information about
share the Gospel. Believers have to make a legislation and public policy on these and
judgement about how their vote can be used other issues is given on page 24 onwards.
to best effect. These are all issues of concern to
Christians. Some are ‘conscience votes’,
BIBLICAL PRIORITIES where MSPs are free to vote without a party
whip, which underlines the importance
When it comes to matters of public policy, of finding out what individual election
Christians have to assess biblical priorities. candidates think.
We can distinguish those political issues on Biblical Christians believe that the Gospel
which the Bible is absolutely clear from those is paramount. Salvation is only found in
on which it is not. Christ, not in any political programme. Yet
For instance, the Bible is not clear on followers of Christ are to care about their
how to improve access to GPs or the most world, being salt and light in our society.
appropriate level of university tuition fees. And in order for that to happen, and for
To decide on these issues involves a detailed evangelism, there has to be freedom for the
assessment of the facts and the exercise Gospel. Religious liberty is a crucial issue.
of judgement based on experience. Many Christians in this country have enjoyed
situations we encounter in ordinary life are at remarkable freedom for centuries, which
this level, and so are many political issues. was hard won down the years. Yet this
But at the other end of the spectrum is being increasingly challenged. Street
the Bible is “clear, direct, and decisive”3 preachers have been arrested, Christians
about a whole host of political issues. For have lost their jobs for talking about their
example, a vote for abortion or euthanasia faith, and individuals and churches have
is a vote to break the sixth Commandment been discriminated against for believing in
(Exodus 20:13). These are the kinds of issues traditional marriage.
that we mainly focus on in this briefing – Many Christians are also gravely
straightforward matters of right or wrong. concerned about legislative proposals that
4
intrude into ordinary family life, evangelism CANDIDATES AND PARTIES
and the running of the local church.
Christians believe that governing authorities In the voting system for elections to the
are established by God, but at the same Scottish Parliament, each elector has two
time the Government is not responsible for votes – one for their constituency and one
everything – indeed it must not be, if there is for their region. A system of proportional
to be freedom. representation is used. Overall, the aim of
It is important to say that society is more the electoral system is to ensure that the
than the state. Society is made up of families number of seats in the Parliament won by
and many institutions and organisations each party broadly reflects their percentage
between the state and the citizen. of votes in each region.
Government by itself cannot solve all our You have to consider how you will cast
problems or even come remotely close. your two votes. In the constituency list you
vote for individual candidates; in the regional
DEVOLUTION list you vote for a party.
There are therefore two obvious factors
The Scottish Parliament can make laws in which you must consider: the individual
areas such as education, health, family life, candidates and the political parties.
crime, local government, agriculture, social Thinking first about the constituency
work, economic development and transport. list: you may decide it is better to vote for
As a result of the Scotland Act 2016, it has an exceptional candidate who shares your
powers to set rates and bands of income tax, Christian views across a range of moral
and powers over certain aspects of welfare. issues, even if they are standing for a party
The Act has also devolved abortion law to which you would not naturally support.
the Scottish Parliament. You may decide that the most important
Westminster retains responsibility for consideration is to vote for the candidate
other areas such as defence, equality/ who is standing for a party which in your
discrimination law, employment law and view represents the ‘least-worst’ option.
foreign affairs. These are ‘reserved matters’ You may decide that it is better to vote for a
on which Holyrood cannot legislate. candidate representing a Christian political
Though Westminster makes laws on party who may happen to stand in your area.
reserved matters, the Scottish Parliament These are decisions which ultimately only
can still have a role on those same issues. you can make.
Although legislation such as the Equality Act Christians should exercise their Christian
2010 can only be passed at Westminster, conscience in these matters. Just because
Holyrood can significantly affect the your parents or your work colleagues vote in
equality agenda in Scotland – for example a certain way does not mean that you need
it has power to make its own regulations to to do the same. It is your choice.
implement the ‘public sector equality duty’ In terms of the regional list, people’s
contained in the 2010 Act. thinking is more in terms of the parties as a
whole. That makes finding out the policies,
and past record, of the political parties all
the more important. Of course, you are free
to vote for a candidate from one party in the
constituency list, but vote for a different party
5
in the regional list. You are also free to vote if elected. If they say that they will, you
for individuals standing in a constituency or can hold them to their promise should
region who have no party affiliation. they be elected.
It is highly unlikely that you will find a If you speak to a representative
party or a candidate you feel has all the right canvassing on behalf of the candidate, ask for
views. In some constituencies there will be your concerns to be forwarded. The very act
the option to vote for a candidate who takes of asking questions is a Christian witness.
a firm stand on moral issues. This is unlikely
to be the norm. For many Christians there CONTACTING YOUR CANDIDATES
is a genuine dilemma over choosing a party
or a particular candidate. Whatever your You don’t need to wait for candidates to
decision, it is relevant to consider how the contact you. You can contact them by letter
parties fared in previous elections in your or email, or on social media, in order to raise
constituency and your region.4 your concerns. This way you can be sure that
Type in your postcode here to find out which all the candidates have been made aware of
constituency you live in: whocanivotefor.co.uk the issues important to you.
For contact information about candidates
and parties, go to: whocanivotefor.co.uk
SPEAKING TO CANDIDATES
Election literature put through your
Candidates or their representatives may letterbox will give contact details for your
come to your door, phone or stop you in candidates. If you write to a candidate,
the street to ask how you intend to vote. keep your letter short but do raise specific
This presents an ideal opportunity to points. Make sure you tell them you are a
raise concerns and to find out where the constituent. You could swap notes with other
candidates stand on biblical issues, with a Christian friends who have had contact with
view to promoting wider debate on those a candidate.
matters. The candidate’s opinions on certain There are many ways of being a Christian
moral issues can be quite different from the citizen, but elections provide a good
position of their party. opportunity for Christians to be salt and light
More than at any other time, the in our society. We must pray for wisdom and
candidates and the sitting MSPs will be speak out for the truth.
open to listening to your views. Should
they be elected they will be representing THE POLICIES OF THE POLITICAL
you at Holyrood.
PARTIES
Think through one or two issues
and have our Questions for candidates Since its inception, The Christian Institute
ready in case canvassers contact you. has sought to promote the Christian faith in
Limit yourself to the one or two issues the public square in six main areas – religious
with which you are most concerned. Be liberty in the UK, marriage and the family,
prepared to give a reason for your view. medical ethics, education, matters of public
This briefing will help you get to grips with morality, and constitutional issues.
the issues you are interested in. Within these broad areas, this Scottish
If you speak to the candidates Election Briefing highlights some of the
themselves, ask if they are willing to raise policies of the political parties currently
your concerns at the Scottish Parliament, represented at Holyrood – the SNP, the
6
Scottish Conservatives, Scottish Labour, only note what they have said and the way
the Scottish Greens, the Scottish Liberal they have voted.
Democrats and Reform UK Scotland. Space Christians must weigh the evidence
and time constraints do not permit us to and exercise their Christian conscience,
cover other parties fielding candidates. remembering that: “If any of you lacks
The parties set out their policies in wisdom, he should ask God, who gives
their manifestos, official policy documents, generously to all without finding fault, and it
or resolutions determined by their party will be given to him” (James 1:5).
conferences. The Christian Institute’s
Scottish election website will link to the
2021 manifestos of the parties covered in For contact information about
this publication as they become available: candidates and parties, visit:
whocanivotefor.co.uk
christian.org.uk/scottishelection
Obviously the Scottish Government’s
actions are there for all to see. Since the For party manifestos (as available)
and other election information, visit:
opposition parties have not been in a
christian.org.uk/scottishelection
position to implement their ideas, we can
7
Scottish
National Party
snp.org
The Scottish National Party (SNP) has been in Government in Scotland since 2007. It currently
has 61 MSPs in the Scottish Parliament. The Party’s leader, Nicola Sturgeon MSP, is First
Minister. The SNP has 47 MPs at Westminster.
RECORD AS SCOTTISH GOVERNMENT 2007-2021
Hate crime – The Scottish Government The sectarianism legislation was repealed
introduced the Hate Crime and Public Order in 2018 – the SNP voted against repeal.9
(Scotland) Bill in 2020. The Bill extended the See More Information.
law on ‘hate crime’, including on grounds of
religion, sexual orientation and transgender Covid church closures – During the
identity. New ‘stirring up hatred’ offences coronavirus outbreak, the Scottish
were widely criticised for endangering free Government outlawed gathered public
speech.5 As originally tabled, the legislation worship for several months, including
would have criminalised words or behaviour in 2021, later than any other part of the
perceived to be “abusive” and “likely” to UK. When public worship was allowed,
stir up hatred. The Government agreed to attendance was restricted to 50 or 20
amend the Bill during its passage, including depending on an area’s infection rate,
strengthening free speech protections and regardless of the size of the church building.10
requiring intention to stir up hatred for
an offence to be committed.6 However, it Smacking – The SNP strongly supported the
rejected a defence for private conversations Bill that criminalised parents for reasonable
in the home.7 The Bill passed in March 2021. chastisement.11 It came into force in
See More Information. November 2020.12 See More Information.
A 2018 Scottish Government campaign
against hate crime that included a poster Named Person – In 2014 the SNP
addressed “Dear Bigots” was criticised as Government passed legislation to give every
singling out religious believers.8 child in Scotland a ‘named person’ – a state
employee – to oversee their ‘wellbeing’ or
Free speech – The SNP’s Criminal Justice happiness. The Supreme Court ruled in 2016
and Licensing (Scotland) Bill in 2009 and that the scheme breached the right to a
sectarianism Bill in 2011 gave rise to serious private and family life. The SNP repealed the
free speech concerns, but were amended statutory scheme in 2019, after being unable
during their passage to include protections. to make it lawful and workable.13
8 SNP
Same-sex marriage – A Government Bill to
introduce same-sex marriage was passed in
the Scottish Parliament in 2014. SNP MSPs
were given a free vote on the Bill; 56 SNP
MSPs voted for the Bill and seven voted
against it. The Government denied that there
was any need for amendments to protect
religious liberty and freedom of speech.21
See More Information.
Transgenderism – In late 2019, the Scottish
Nicola Sturgeon MSP, First Minister
Government launched a consultation on a
draft Bill to allow self-declaration of legal
Home education – Guidance published by sex. The consultation also asked for views on
the SNP Government in 2007 upheld the lowering the age for changing legal sex from
right of parents to home educate and denied 18 to 16.22 Legislation was paused because
that child protection problems are any more of the Covid pandemic. The Government
likely to arise with home-educated children supports a third gender option for passports,
than those educated at school.14 In 2019 the and amending the Equality Act to explicitly
Government announced plans to review the protect “all trans and non-binary people”.23
guidance, including a consultation that is yet
to take place.15 Assisted suicide – The SNP gave its MSPs
a free vote on a Member’s Bill to legalise
Religious education – As part of the Scottish assisted suicide in 2015. Nicola Sturgeon
Government’s Curriculum for Excellence, voted against the Bill, having questioned
paganism was introduced into religious how such legislation could contain sufficient
education classes for the first time in 2012.16 safeguards.24 See More Information.
Sex education – Government guidance from Organ donation – The SNP Government
2014 on Relationships, Sexual Health and legislated for an opt-out organ donation
Parenthood (RSHP) education emphasises system in the Human Tissue (Authorisation)
children’s rights at the expense of parental (Scotland) Act 2019.25 See More Information.
involvement.17 The guidance is set to be
revised to cover various themes relating to Abortion – In 2020 the Government
LGBT lifestyles.18 The Scottish Government introduced early home abortions during the
defended an RSHP online resource that coronavirus pandemic and consulted on
parents have said promotes masturbation making the move permanent.26 In the 2020-
and pornography.19 2021 Programme for Government it pledged
to “improve access to abortion”.27 In 2017 the
LGBT education – In November 2018 the Scottish Government offered to cover the
SNP Government announced that Scotland cost of abortions for Northern Irish women
would be the first country in the world on the NHS in Scotland.28
to embed LGBT education across the
curriculum.20
SNP 9
Abuse of trust – In 2018, the Scottish Pornography – As part of its Criminal
Government consulted on extending the Justice and Licensing (Scotland) Act
existing definition of a ‘position of trust’ in 2010, the SNP introduced an offence of
the Sexual Offences (Scotland) Act 2009 to possessing extreme pornography.
better protect children.29 The law has not yet
been extended. Drugs – Nicola Sturgeon has pledged to
improve funding for rehab services.33 The
Sexual Offences (Scotland) Act 2009 – The Government wants to be able to introduce
Bill originally proposed by the SNP minority facilities where drug addicts can inject
Government would have legalised oral sex themselves and wants to make heroin-
between teenagers, but the Government assisted treatments more widely available.34
moved an amendment to close the loophole The SNP Government introduced new limits
after a parliamentary committee scrutinising to tackle drug-driving in October 2019.35
the Bill raised concerns. See More Information. Cannabis – In 2003 the party supported
the UK Government’s reclassification of
Prostitution – In September 2020 the cannabis from class B to class C.36 However,
Minister for Community Safety published in 2008 an SNP minister in the Scottish
a consultation asking for views on how to Government welcomed the decision to return
end the demand for prostitution. It outlined cannabis to class B.37 In May 2016, Nicola
the Government’s view that it is a form Sturgeon said: “Cannabis is not a harmless
of violence against women.30 In 2015 the substance. I am not in favour of general
Scottish Government passed legislation decriminalisation but I do think there is a
to tackle human trafficking but resisted specific case for medicinal use.” 38
amendments on criminalising the purchase
of sex.31 The SNP supported the Prostitution Alcohol – The SNP Government passed the
(Public Places) (Scotland) Act 2007 which Alcohol (Minimum Pricing) Scotland Act
strengthened the law against prostitution in 2012. The Act allows for a minimum price per
Scotland.32 See More Information. unit of alcohol and was implemented in May
2018.39 See More Information.
SNP POLICIES
Islamophobia – The SNP has adopted the Transphobia – The SNP national executive
All-Party Parliamentary Group on British has adopted a definition of transphobia that
Muslims’ definition of ‘Islamophobia’.40 would see Party members punished for using
words, forms of address or pronouns that do
LGBT ‘conversion therapy’ – The Party is not correctly reflect the gender with which
committed to pushing for Westminster law someone identifies.42
reform “to ban and prevent the practice of
LGBTI conversion therapy”.41 Depending LGBT rights – The SNP has said that in an
on drafting, there are concerns this could independent Scotland it would embed LGBTI
affect the ordinary work of churches. rights in a written constitution.43
See More Information.
10 SNPMarriage allowance – The SNP is against Gambling – In 2019 the SNP’s manifesto
marriage tax breaks.44 pledged to “press for greater devolution
of gambling regulation to the Scottish
‘Do Not Resuscitate’ orders – In 2020 the Parliament”, put pressure on the UK
First Minister said “no one should receive Government to “stop underage gambling on
a DNR form out of the blue without… video games” and “support a full public health
sensitive discussions having taken place, inquiry into gambling related harm”.47
and absolutely nobody should feel under
any pressure to complete such a form.”45 Constitution – The SNP campaigns for an
See More Information. independent Scotland. The Party’s 2019
manifesto pledged to oppose the repeal of
Drugs – In October 2019 the SNP conference the Human Rights Act.48
backed a resolution to decriminalise the
possession and consumption of drugs.46 House of Lords – The SNP committed
in its 2019 manifesto to abolishing the
“undemocratic” House of Lords.49
SNP STANCE ON ISSUES AT WESTMINSTER
Human Fertilisation and Embryology Act LGBT envoy – The SNP has pledged to “press
2008 – SNP MPs had a free vote on the Bill, for the establishment of a special envoy to
including on abortion.50 promote the rights of LGBTI people, and to
make LGBTI equality an integral part of UK
GM babies – When the House of Commons foreign policy.”53
voted on plans to allow genetically modified
babies with three or four parents, four SNP Abortion – In July 2019 Nicola Sturgeon gave
MPs voted in favour; two voted against. her support to SNP MPs voting to legalise
abortion in Northern Ireland.54
Sexual Orientation Regulations 2007
(SORs) – At the time the SORs were being Gambling – The SNP spoke out against the
considered, the Party said Roman Catholic Gambling Act 2005.55 In November 2018
adoption agencies should be free to refuse to SNP MPs were involved in a cross-party
place children with same-sex couples.51 effort to force an earlier introduction of
a reduced maximum stake on Fixed Odds
Equality Act 2010 – The SNP offered general Betting Terminals.56
support for the legislation.52 SNP MP John
Mason moved amendments in the Commons Sunday trading – In 2016 SNP MPs voted
to protect religious liberty, making clear that against the Government’s plans to relax
he did so as a backbench MP and not on Sunday trading.57 The party supports Sunday
behalf of his party. trading in principle, but did not want Scottish
workers to be adversely affected by the
legislation for England and Wales.58
SNP 11Scottish
Conservatives
scottishconservatives.com
The Scottish Conservatives currently have 30 MSPs. The leader of the Scottish Conservatives
is Douglas Ross MP. The leader in the Scottish Parliament has been Ruth Davidson MSP,
who is standing down at the election. The Conservative Party has 365 MPs in the House of
Commons, including its leader, UK Prime Minister Boris Johnson.
SCOTTISH CONSERVATIVES PARTY POLICIES
Hate crime – Scottish Conservatives raised Named Person – The Scottish Conservatives
concerns about the impact of the Hate opposed the now-repealed Named Person
Crime and Public Order (Scotland) Bill on provisions.62 Conservative MSPs abstained
free speech. Justice spokesman Liam Kerr on the legislation as a whole, saying that
described the ‘stirring up hatred’ provisions they did not want to oppose the other
as “dangerous”.59 He tabled amendments to things in the Bill.63
remove these sections from the Bill and to
exempt private conversations in the home. Education – The 2016 manifesto said that
These were rejected and the Conservatives school inspections “should specifically ask
voted against the final Bill at Stage 3. about action on LGBT issues as opposed to
simply broad equality matters”.64
Sectarianism Bill – The Scottish
Conservatives voted against the Offensive Sex education – In 2018 the Party’s
Behaviour at Football and Threatening education spokeswoman acknowledged
Communications (Scotland) Act 2012 and parents’ concerns that some content of
supported its repeal in 2018.60 sex education lessons might not be age-
appropriate.65
Smacking – Each Conservative MSP voted
against the Children (Equal Protection Same-sex marriage – At Holyrood, Scottish
from Assault) (Scotland) Act 2019 at least Conservative MSPs had a free vote on
once. Just before the law came into effect redefining marriage. Seven voted in favour of
at the end of 2020, a Party spokesman the Marriage and Civil Partnership (Scotland)
said that the previous law was “entirely Bill and eight voted against.
sufficient” to tackle abuse and that parents
risk being criminalised.61
12 SCOTTISH CONSERVATIVESAbortion – In 2019, a Scottish Conservatives
spokesperson said: “Our position is that
the current set-up in Scotland in relation
to abortions is appropriate, and we are not
seeking to change that.”70
Prostitution – The Party supported the
Prostitution (Public Places) (Scotland) Act
2007 to strengthen law against prostitution
in Scotland. Party spokesmen have said
there needs to be a debate on the issue,71
Douglas Ross MP, Scottish Conservative leader
that it is not “healthy or cohesive for any
community”, and that it is vital to address
Transgenderism – Scottish Conservative the drivers behind it.72
MSPs have raised concerns about the
proposals to make it easier to change legal Drugs – The Scottish Conservatives say
sex. Spokesperson Annie Wells has said they would review the current methadone
that before amending the law, “we need to treatment regime, and redirect funds into
consider all the evidence and examine the “rehabilitation, recovery and abstinence”.73
detail of any changes”.66 Deputy Leader Annie Wells has called on the
Scottish Government to increase the number
Assisted suicide – Conservative MSPs of rehab beds.74
were given a free vote on the late Margo
MacDonald’s Bill to legalise assisted Alcohol – The Party supported the Alcohol
suicide in 2015. Of the 15 Conservative (Minimum Pricing) (Scotland) Act 2012,
MSPs at the time, 13 voted against the Bill, which allows for a minimum price per unit of
including Ruth Davidson. Davidson has alcohol (see More Information).75 Since then,
since said she has become convinced that the Party has said that unless improvements
the law should change.67 in drinking behaviour are apparent, the policy
should be scrapped.76
Organ donation – Party spokesperson
Brian Whittle MSP welcomed the Human Constitution – The 2019 Scottish
Tissue (Authorisation) (Scotland) Act, which Conservative manifesto said the party
introduced an opt-out organ donation would “update” the Human Rights Act.77
system in Scotland. The Party also pushed for
a “consistent marketing campaign” to ensure House of Lords – The 2019 manifesto
“maximum understanding of the idea of pledged to review the role of the House
expressed consent”.68 of Lords.78
‘Do Not Resuscitate’ orders – The Scottish
Conservatives health spokesperson has
called for an inquiry into the “widespread”
use of Do Not Resuscitate orders for elderly
people during the Covid-19 pandemic.69
SCOTTISH CONSERVATIVES 13CONSERVATIVE RECORD AT WESTMINSTER
The Conservatives have been in Government at Westminster since 2010. From 2010 to 2015,
the Conservatives were coalition partners with the Liberal Democrats.
Covid church closures – During the GM babies – The Coalition introduced
coronavirus outbreak, the Conservative regulations under the 2008 HFE Act
Government outlawed gathered public in February 2015 allowing genetically
worship for several months. modified babies with three or four parents.
See More Information.
LGBT ‘conversion therapy’ – The
Conservative Government says it is Abortion – In 2020 the Government
“committed” to “ending the practice of introduced early home abortions during
conversion therapy” and will “consider all the coronavirus pandemic and consulted
options”.79 Depending on drafting, there are on making the move permanent. In July
concerns this could affect the ordinary work 2019 the Government allowed time for
of churches. See More Information. amendments to be discussed that led to
abortion on demand being introduced
Same-sex marriage – The coalition in Northern Ireland. Conservative MPs
Government passed the Marriage (Same Sex were given a free vote. The Province had
Couples) Act 2013 for England and Wales. previously had the most pro-life abortion
Though it was supposed to be a free vote laws in the UK.
for Government MPs, there were reports of
undue pressure put on Conservative MPs.80 Gender Recognition Act 2004 – The
In July 2019 the Government allowed time Conservative Party had a free vote on this
for amendments to be discussed that led issue, though the frontbench spokesman
to same-sex marriage being legalised in voted for it. The Party also permitted a
Northern Ireland. Conservative MPs were free vote on an amendment to protect
given a free vote. churches from the effects of the Act.
In 2018 the Westminster Government
Marriage allowance – The coalition consulted on making it easier to change
Government introduced a tax break for legal sex in England and Wales, but
married couples from April 2015, now worth dropped the plans in 2020.
around £250 a year.
Sexual Orientation Regulations 2007
Divorce – In 2020 the Westminster (SORs) – The then Conservative leader
Government passed the Divorce, Dissolution David Cameron voted for the SORs
and Separation Act, which introduces ‘no- and said that Roman Catholic adoption
fault’ divorce in England and Wales. agencies would have to comply with the
law.81 Conservative MPs and Peers were
Human Fertilisation and Embryology Act given a free vote.
2008 – Conservative MPs had a free vote on
the Bill, including on abortion.
14 SCOTTISH CONSERVATIVESEquality Act 2010 – Conservative MPs and Peers were whipped to support an amendment by Lady O’Cathain maintaining existing employment exemptions for churches, but the Party gave its general support to the Bill as a whole.82 Gambling – In 2005, the Party did not oppose the then Labour Government’s Gambling Act. The Westminster Government is now reviewing the Act, having expressed concern that it is not “fit for the digital age”.83 Constitution – The Coalition’s Succession to the Crown Act 2013 changed the law relating to royal succession, allowing a future monarch to marry a Roman Catholic. SCOTTISH CONSERVATIVES 15
Scottish Labour
scottishlabour.org.uk
The Scottish Labour Party has 23 MSPs. Anas Sarwar MSP became leader of Scottish
Labour in February 2021, replacing Richard Leonard MSP. Labour currently has 199 MPs
at Westminster.
SCOTTISH LABOUR PARTY POLICIES
Hate crime – Scottish Labour supported Sex education – In its 2017 manifesto,
the overall principles of the Hate Crime Scottish Labour committed to including
and Public Order (Scotland) Bill, but raised “LGBTI relationships and sexual health”
free speech concerns about the ‘stirring up within sex education.88
hatred’ offences as originally drafted.84 The
Party welcomed the additional safeguards Same-sex marriage – Scottish Labour
introduced and backed the final legislation.85 supported the introduction of same-sex
marriage in 2014. Labour MSPs were given a
Sectarianism Bill – In 2017, Labour MSP and free vote, and 31 voted to redefine marriage
spokesman James Kelly introduced a Bill to in Scotland, while three voted against. The
repeal the Offensive Behaviour at Football 2017 manifesto said “it was only through
and Threatening Communications (Scotland) Labour votes that equal marriage became law
Act 2012. Labour MSPs voted for the Bill. across the UK”.89
See More Information.
LGBT ‘conversion therapy’ – Anas Sarwar
Smacking – Scottish Labour supported the has pledged his “full support” to a campaign
Bill that criminalised parents for reasonable to end so-called conversion therapy in
chastisement.86 Scotland.90 Depending on drafting, there are
concerns this could affect the ordinary work
Named Person – Scottish Labour MSPs of churches. See More Information.
voted in favour of the Children and Young
People (Scotland) Act 2014, containing the Transgenderism – The Party’s manifestos
statutory Named Person provisions. The have supported self-declaration of sex,
Party was supportive of “the principle of the legal recognition for non-binary people, and
named person scheme”, but later criticised lowering the minimum age for changing legal
the implementation.87 sex from 18 to 16.91 The 2019 manifesto
noted the Government consultation on
changing the gender recognition process
16 SCOTTISH LABOURProstitution – Scottish Labour’s 2016
manifesto supported “criminalising the
buying of sex, decriminalising people
involved in prostitution, and providing long-
term support and exiting services for those
exploited through prostitution”.98 The law
against prostitution was strengthened by
the Prostitution (Public Places) (Scotland)
Act 2007, when Labour ran the Scottish
Executive with its Liberal Democrat coalition
partners. See More Information.
Anas Sarwar MSP, Scottish Labour leader
Drugs – Scottish Labour backed the SNP’s
and said Scottish Labour would “listen ‘safe injection space’ proposals in 2018
carefully to the submissions and debate as and supports a focus on “harm reduction
the legislation progresses”.92 rather than criminalisation”.99 In 2020,
health spokeswoman Monica Lennon called
Assisted suicide – Labour MSPs were for “urgent funding” to “boost access to
given a free vote on Margo MacDonald’s treatment and residential rehab”. She added
Assisted Suicide (Scotland) Bill in 2015. that the Scottish Government “must get
Five Labour MSPs voted in favour of the behind safe consumption facilities”.100
Bill, while 31 voted against.
Alcohol – Labour abstained on the Alcohol
Organ donation – Scottish Labour supported (Minimum Pricing) (Scotland) Act 2012,
the Human Tissue (Authorisation) (Scotland) which allows for a minimum price per
Bill, which legislated for an opt-out organ unit of alcohol (See More Information). The
donation system.93 See More Information. 2019 manifesto supported “restrictions
on licensing, marketing, labelling and
‘Do Not Resuscitate’ orders – Former affordability” and a “social responsibility
Scottish Labour leader Richard Leonard called levy on alcohol sales”.101
for more transparency and better record
keeping on the use of DNR forms.94 The Gambling – The Party’s 2019 manifesto
party has stated that those in care homes sought to: “curb gambling advertising in
should be treated the same as everyone else sports and introduce a new Gambling Act
when diagnosed with Covid-19, and called fit for the digital age, establishing gambling
for an end to blanket DNR letters to care limits, a levy for problem gambling
home residents.95 funding and mechanisms for consumer
compensations”.102 (See also Record at
Abortion – The Party’s 2019 manifesto Westminster before 2010 overleaf).
supported “access to a safe, legal abortion”
for all women.96 Scottish Labour supported Persecution of Christians – The 2015
extending abortion to Northern Ireland.97 manifesto committed Scottish Labour
to appointing a “Global Envoy for
Religious Freedom”.103
SCOTTISH LABOUR 17Constitution – The Scottish Labour Party House of Lords – Scottish Labour has
maintains a “firm commitment to the Human said it wants to replace the House of
Rights Act”.104 The Labour Party supported Lords with “an elected Senate of the
the Succession to the Crown Act 2013, Nations and Regions”.106
which lifted the legal bar on heirs to the
throne marrying Roman Catholics.105
LABOUR RECORD AT WESTMINSTER BEFORE 2010
In 2008 Labour passed the Human The Equality Act 2010 consolidated all
Fertilisation and Embryology Act which: discrimination laws, including the SORs, into
ĥ legalised the creation of animal-human a single Act. The Bill as introduced would
hybrid embryos for research; have narrowed the employment freedom of
ĥ allowed the creation of ‘saviour siblings’; churches and religious organisations. The
ĥ abolished the ‘need for a father’ House of Lords voted three times against the
consideration before commencing IVF plans and the Labour Government gave way.
treatment. The Act also places a duty on public bodies
– like schools and the police – to promote
Labour allowed its MPs a free vote on these homosexual and transsexual rights.
three issues and on abortion, though Labour
MPs were whipped to support the Bill as a The law on cannabis was downgraded
whole. The legislation included regulation- by the Labour Government in 2004 –
making powers to allow the birth of GM cannabis became a class C drug on a par
children with three or four parents. with sleeping pills. However, in response
to overwhelming evidence of cannabis
The 2007 Sexual Orientation Regulations damaging mental health, it restored the
(SORs) outlawed discrimination on the drug to class B in 2009.
ground of sexual orientation and resulted
in almost all religious adoption agencies in The Labour Government’s Gambling Act
Britain becoming entirely secular bodies 2005 provided for a massive deregulation
or closing down. At the time, then First of the gambling industry, allowing for a
Minister Jack McConnell insisted that great multiplication of betting shops, slot
Scottish Labour was in favour of an opt-out machines and internet gambling.
for Roman Catholic agencies.107 The SORs
have also been used to sue Christian B&B
owners for operating a ‘married couples
only’ policy for double rooms.
18 SCOTTISH LABOURScottish Liberal
Democrats
scotlibdems.org.uk
The Scottish Liberal Democrats have five MSPs. Their leader is Willie Rennie MSP.
The Liberal Democrats currently have eleven MPs in Westminster.
SCOTTISH LIBERAL DEMOCRATS PARTY POLICIES
Hate crime – The Scottish Liberal Same-sex marriage – All five Lib Dem MSPs
Democrats supported “the overall aim at the time voted to introduce same-sex
of updating hate crime law”.108 However, marriage in 2014.
Justice Spokesman Liam McArthur raised
free speech concerns and said the Hate LGBT ‘conversion therapy’ – The Scottish
Crime and Public Order (Scotland) Bill Liberal Democrats have formally backed
needed “urgent and, in places, radical a campaign to ban so-called conversion
surgery”.109 All five Lib Dem MSPs voted in therapy in Scotland.112 Depending on
favour of the amended Bill at Stage 3. drafting, there are concerns this could
affect the ordinary work of churches.
Sectarianism Bill – All five Liberal Democrat See More Information.
MSPs at the time voted against the Offensive
Behaviour at Football and Threatening Transgenderism – The 2016 manifesto
Communications (Scotland) Act in 2012 and committed to “reform” the Gender
for its repeal in 2018. Recognition Act, including recognising “the
gender identity of non-binary people”.113
Smacking – The Liberal Democrats strongly
supported the Bill that criminalised parents Assisted suicide – Scottish Liberal
for reasonable chastisement and all its Democrats voted in favour of assisted
MSPs voted for it.110 suicide at their Spring Conference in March
2015,114 but the Party’s MSPs had a free
Named Person – All five Lib Dem MSPs at vote when it came before Holyrood later
the time voted in favour of the Children and in the year. Three Lib Dem MSPs voted in
Young People (Scotland) Act 2014. favour of legalising assisted suicide, while
two, including Willie Rennie, voted against.
Sex education – The Scottish Lib Dems want
to ensure that “sexual health, parenthood Abortion – The Lib Dems backed devolving
and relationships education is LGBTI abortion law to Scotland.115 Westminster
inclusive in all schools”.111 MPs have previously been allowed to vote
according to their conscience on lowering
the time limit for abortion from 24 weeks.
SCOTTISH LIBERAL DEMOCRATS 19Alcohol – The Lib Dems voted against
amendments to set a minimum price for
alcohol in the Alcohol etc. (Scotland) Bill (see
More Information). They want the minimum
unit price of alcohol to be raised to 60p “to
meet the policy’s original ambition”.118
Prostitution – The Lib Dems have
repeatedly called for decriminalising of
prostitution.119 The law against prostitution
Willie Rennie MSP, Scottish Lib Dems leader
was strengthened by the Prostitution (Public
Places) (Scotland) Act 2007, when the Liberal
Drugs – The Scottish Liberal Democrats Democrats were coalition partners with
propose to decriminalise drug possession and Labour in the Scottish Executive.
treat drug use as a health issue.116
Cannabis – The Party supports allowing Human Rights Act – The Liberal Democrats
cannabis for personal use.117 opposed plans to repeal the Human Rights
Act and introduce a Bill of Rights.120
LIBERAL DEMOCRATS STANCE ON ISSUES AT WESTMINSTER
From 2010 to 2015 the Liberal Democrats were coalition partners with the Conservatives in
the Westminster Government.
Same-sex marriage – The Coalition passed Equality Act 2010 – The Lib Dems firmly
the Marriage (Same Sex Couples) Act supported the Equality Bill and voted for
2013 for England and Wales. The Liberal narrowing employment protections for
Democrats allowed their MPs a free vote.121 churches and religious organisations.125
Marriage allowance – Despite describing the Human Fertilisation and Embryology Act
marriage tax break measure as “patronising – In 2008, Liberal Democrats were allowed
drivel” before entering into coalition, the Lib to vote according to their conscience on
Dems at Westminster agreed not to block lowering the time limit for abortion from 24
its introduction.122 However, they have weeks. MPs were also allowed a free vote
committed to abolishing it.123 on the creation of animal-human embryos,
‘saviour siblings’ and scrapping the ‘need for
Sexual Orientation Regulations (SORs) a father’ requirement for IVF children.
– The Lib Dems supported the Labour
Government in voting for the SORs
and opposed exemptions for religious
adoption agencies.124
20 SCOTTISH LIBERAL DEMOCRATSScottish Greens
greens.scot
The Scottish Green Party has five MSPs, including its co-leader Patrick Harvie MSP.
SCOTTISH GREENS PARTY POLICIES
Hate crime – The Scottish Greens supported Named Person – Both Green MSPs at the
the Hate Crime and Public Order (Scotland) time voted in favour of the Children and
Bill in Parliament, including criminalising Young People (Scotland) Act 2014. When
‘stirring up hatred’.126 During the progress the statutory scheme was abandoned in
of the Bill, the Party tabled amendments to September 2019, education spokesman
narrow proposed protections for free speech. Ross Greer MSP said that the policy of
All of its MSPs voted for the final legislation. having named persons was “unquestionably
legitimate” but had been ‘bungled’.127
In 2008 Patrick Harvie MSP brought
forward the Offences (Aggravation by Education – Ross Greer has called on the
Prejudice) (Scotland) Bill, which introduced Government to introduce “critically important
tougher penalties for crimes committed LGBTI*-inclusive sex and relationships
against homosexuals and transsexuals. education”.128 The party wants to ensure that
See More Information. education as a whole is “LGBTI+ inclusive”.129
Sectarianism Bill – Both Green MSPs at the Same-sex marriage – The two Green MSPs
time voted against the Offensive Behaviour at the time voted in favour of introducing
at Football and Threatening Communications same-sex marriage in 2014.
(Scotland) Act 2012 and all its MSPs voted
for its repeal in 2018. LGBT ‘conversion therapy’ – Patrick Harvie
has pledged to support a campaign to ban
Smacking – Green MSP John Finnie so-called conversion therapy in Scotland. He
introduced a Bill that criminalises parents said: “Attempts to use conversion therapy of
for reasonable chastisement. It came into any form against LGBT+ people stem from
force in November 2020. The Scottish prejudice”, adding that it is “a form of abuse”
Greens strongly supported the Bill, and all and “should be outlawed”.130 Depending
its MSPs voted for it. on drafting, there are concerns that a ban
could affect the ordinary work of churches.
See More Information.
SCOTTISH GREENS 21Abortion – The Scottish Greens support
the total decriminalisation of abortion.133
They support the provisions allowing DIY
abortions at home.134
Prostitution – The Scottish Green Party
advocates the total decriminalisation of
prostitution.135 Green MSPs abstained on
the Prostitution (Public Places) (Scotland)
Bill 2007, arguing that it failed to deal
with the harm and exploitation that
Patrick Harvie MSP, Scottish Greens co-leader
surrounds prostitution.136
Transgenderism – The Scottish Green Party Drugs – The Scottish Greens “support the
supports the self-definition of legal sex, decriminalisation of the cultivation and
including an option for those who claim to be possession of cannabis for personal use,
“neither male nor female”.131 and decriminalisation of possession of
drugs that grow wild in the UK”.137
Assisted suicide – Patrick Harvie MSP took
charge of Margo MacDonald’s Assisted Alcohol – In 2010, both Scottish Green MSPs
Suicide (Scotland) Bill after her death. Both at the time voted in favour of introducing a
Green MSPs at the time voted for the Bill. minimum price per unit of alcohol.
See More Information.
Constitution – The Scottish Greens would
‘Do Not Resuscitate’ orders – Patrick Harvie campaign for an independent Scotland in a
questioned the First Minister over concerns second independence referendum.138
that ‘Do Not Resuscitate orders’ were
being issued on a blanket basis. He asked The Scottish Green Party wants to “make
for assurance that care homes and medical sure Scotland’s Human Rights Commission
professionals would be reminded of the need is strong and independent, to protect
to sensitively discuss these matters with the and uphold the European Convention on
individuals concerned.132 Human Rights”.139
22 SCOTTISH GREENSReform UK
Scotland
reformuk.scot
Reform UK Scotland has one MSP, Michelle Ballantyne. A Conservative MSP until November
2020, Ballantyne was made leader of Reform UK Scotland in January 2021. Reform UK was
formerly known as ‘The Brexit Party’.
REFORM UK SCOTLAND PARTY POLICIES
Hate crime – Reform UK Scotland says
that it would repeal the Hate Crime and
Public Order (Scotland) Bill.140 It says:
“The basic right of freedom of thought
and worship is fundamental… The right
to disagree in a reasoned and respectful
manner is fundamental and not negotiable
in a free society.”141 Ballantyne voted
against the Bill at Stage 3.
Smacking – Ballantyne (while a
Conservative member) voted against
Michelle Ballantyne MSP
the Bill that criminalised parents for
reasonable chastisement.
Drugs and alcohol – Ballantyne (while
Named Person – Ballantyne (while a a Conservative member) called for
Conservative member) opposed the Named reform of Scotland’s drugs and alcohol
Person scheme, which she called “poorly policy. She has spoken in opposition
designed” and “unnecessary”.142 to long-term methadone use and the
normalisation of drugs and alcohol use in
Assisted suicide – As convener of the the family.145 She has stated support for
Cross-Party group on End of Life Choices, minimum alcohol pricing.146
Michelle Ballantyne has sought to change
Scotland’s law on assisted suicide.143 She
formerly served on the council of ‘Friends
at the End’, a group campaigning to legalise
assisted suicide.144
REFORM UK SCOTLAND 23More information about
legislation and public policy
protection for religious debate. Additional
RELIGIOUS LIBERTY IN THE UK amendments to further strengthen the free
speech safeguards and create an exception
Free speech and hate crime for conversations in the home were rejected.
The final Bill was passed by 82 votes to 32
Hate Crime and Public Order in March 2021.
(Scotland) Bill 2021
The most serious forms of hate crime are Offensive Behaviour at Football
‘incitement to hatred’ offences. Before the and Threatening Communications
Hate Crime and Public Order (Scotland) Bill Act 2012 (‘Sectarianism Bill’)
2021, these only covered race in Scotland. In June 2011 the Scottish Government
The Scottish Government commissioned brought forward a Bill aimed at tackling
retired judge Lord Bracadale to conduct sectarian violence in Scotland, particularly in
a review of hate crime legislation. He relation to football matches. The Offensive
reported in 2018. After consulting on Behaviour at Football and Threatening
its implementation of Lord Bracadale’s Communications (Scotland) Bill sought
recommendations, the Scottish Government to outlaw various types of threatening
brought forward the Hate Crime and Public behaviour, but it also sought to criminalise
Order (Scotland) Bill in April 2020. communications intended to stir up religious
Part 2 of the Bill created incitement hatred. This raised significant religious liberty
to hatred offences on various protected and free speech concerns. The Christian
characteristics: race, sexual orientation, Institute lobbied for the inclusion of a free
transgender identity, religion, disability, age speech clause in the offence.
and variations in sex characteristics (known The Scottish Government introduced a
as ‘intersex’). The original Bill covered free speech clause through an amendment.
abusive behaviour deemed ‘likely’ to stir up This ensured that evangelism, discussions
hatred. It included free speech clauses on about faith and criticism of other religions
religion and sexual orientation, but not the would not be caught within the remit of
controversial issue of transgender identity. the Bill. In December 2011, the Bill was
Significant and sustained objections passed into law by 64 votes to 57 – all the
to the Bill as drafted led to a series of opposition parties opposed the legislation.
concessions during the parliamentary After implementation, the Act remained
process. On most protected characteristics – controversial. It was criticised by sheriffs and
including the contentious issues of religion, a large proportion of cases brought under it
sexual orientation and transgender identity led to acquittals. In 2017, Labour MSP James
– intent to stir up hatred will have to be Kelly introduced a Member’s Bill to repeal
shown for an offence to be committed. A the 2012 Act. This was passed by 62 votes to
free speech clause was added that covers 60 in March 2018 – all the opposition parties
transgender identity and strengthens supported repeal.
24The Criminal Justice and Licensing Crime and Public Order (Scotland) Bill 2021
(Scotland) Act 2010 as part of consolidating hate crime legislation.
The Criminal Justice and Licensing (Scotland)
Bill was introduced by the SNP minority LGBT ‘conversion therapy’
Government in March 2009. The Westminster Government has promised
At Stage 2 the Government tabled an to ban LGBT ‘conversion therapy’. At the
amendment aimed at prosecuting stalking time of writing, the Government has not
and domestic abuse, but which was more been clear about what the proposed ban will
akin to a general public order offence. The cover. The Westminster ban is expected to
wording would have caught a huge range extend to Scotland. The Scottish Government
of conduct and gave rise to serious free has said it “fully supports moves by the UK
speech concerns. At its worst, the draft Government to end conversion therapy” and
offence would have criminalised private that “officials here are engaging with the UK
behaviour which was not intended to cause Government as they develop proposals”.148
fear, alarm or distress, and caused no one The ‘End Conversion Therapy Scotland’
fear, alarm or distress. campaign is inviting Scottish political parties
In the face of concerns, the Scottish and candidates to sign up to their pledge
Government brought forward an alternative, to introduce a criminal ban on conversion
narrower proposal that omitted reference to therapy.149 It says: “Conversion therapy aims
distressing behaviour. At its lowest threshold, to change or suppress an individual’s sexual
it catches ‘abusive’ speech which is likely orientation, to repress or reduce their sexual
to cause ‘alarm’ to a reasonable person. It attraction or behaviours, or to change an
became Section 38 of the Criminal Justice individual’s gender identity to match the
and Licensing (Scotland) Act, which received sex they were assigned at birth.”150 Scottish
Royal Assent on 6 August 2010. LGBT activists say that: “Legislation should
ban conversion therapy practices that take
Offences (Aggravation by Prejudice) place in both the public and private sphere,
(Scotland) Act 2009 including those performed by healthcare
Patrick Harvie introduced the Offences professionals and within faith communities…
(Aggravation by Prejudice) (Scotland) Bill There should be no restrictions on who is
on 19 May 2008 as a ‘Handout Bill’ – a protected by the ban. Children and adults,
Member’s Bill which is sponsored and deemed vulnerable or not, must be protected,
supported by the Government.147 It including those who ‘consented’.”151
introduced stronger sentences for crimes Many of those calling for a ban have been
committed against homosexuals and clear that it should cover prayer, preaching
transsexuals, where it was shown that the and pastoral conversations that disagree with
offence was motivated by malice and ill-will LGBT theology. Everyday church life would
based on sexual orientation or transgender be beset by the risk of prosecution.
identity. The Bill did not introduce any new
offences. There were concerns that the Islamophobia
proposals could undermine free speech and The All-Party Parliamentary Group on
religious liberty by giving LGBT groups a legal British Muslims published a definition
mechanism for targeting those who disagree of ‘Islamophobia’ in November 2018:
with them. The Bill received Royal Assent “Islamophobia is rooted in racism and is a
on 8 July 2009. It was replaced by the Hate type of racism that targets expressions of
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