Every week seems to bring fresh validation to those calling Scotland a failed state. With an unelected first minister, a billion-pound fiscal black hole, shipyards that can’t build ferries, ministers who don’t understand how data roaming works and an ongoing police investigation into potentially murky financial dealings at the heart of government – it’s hard not to agree.

We can now add to this list the newest amendments to the Hate Crime (Scotland) Bill which seeks to wage war against the “rising tide of hate”, as first minister Humza Yousaf termed it. The law creates a new crime of “stirring up hatred” against the protected characteristics of age, disability, religion, sexual orientation, transgender identity or being intersex and carries a maximum prison sentence of seven years.

Prime Minister Rishi Sunak has thrown his minuscule weight behind Scottish author and outspoken gender-critical feminist JK Rowling who dared Police Scotland to arrest her for her “hateful” opinions. Sunak said no one should be criminalised for “for stating simple facts on biology”.

On April Fool’s Day, Rowling praised a list of 10 transwomen for their authentic womanhood. The list included double rapist Isla Bryson and Amy George, a man who abducted an 11-year-old girl while dressed in women’s clothes.

Rowling said: “If what I’ve written here qualifies as an offence under the terms of the new Act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.”

Police Scotland have today confirmed that Rowling’s comments did not break the law. Commenting on the announcement, Rowling said: “I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women – irrespective of profile or financial means – will be treated equally under the law.”

Previously, Siobhian Brown, the Scottish government’s victims and community safety minister, said that Rowling’s comments could fall foul of the new law. She said: “It could be reported and it could be investigated. Whether or not the police would think it was criminal is up to Police Scotland for that.” 

Brown also said she thought there had been “a lot of misinformation” about the Bill before falsely claiming that it was unanimously supported in Holyrood. 

The Bill has even been opposed by football legend Ally McCoist. Speaking on TalkRadio, Super Ally called the bill madness: “We’ve got a hate bill, by the way. A hate bill has been passed in the country. And I can guarantee you, next Sunday at Ibrox, I, along with 48,000 will be committing a breach of that hate bill in the particular Rangers vs Celtic game we are all going to. It is madness. Everybody with two brain cells in their head knows it’s madness, crazy. There is nobody in our country who thinks that is a good idea, who I have spoken to.”

As a means of showing how ridiculous the law is, people are reporting Humza Yousaf’s infamous speech where he said it was wrong that so many positions of power in Scotland were filled by white people 

Yousaf has said he is “very confident in Police Scotland’s ability in order to implement this legislation in the way it should”.

Just last week, Murdo Fraser MSP enlisted the help of the Free Speech Union to challenge a non-crime hate incident that had been lodged against him by a trans activist for his gender-critical beliefs. 

It looks like Yousaf and his Bill are in for a tough time. There is already talk of a campaign to repeal the law and Rowling’s exoneration will bolster any campaign which follows.

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