Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: equality impact assessment

Scope of the EQIA

This Equality Impact Assessment considers the potential effects of adding “sex” as a characteristic to the Hate Crime and Public Order (Scotland) Act 2021.

The scope of the assessment is defined by the public sector equality duty under the Equality Act 2010, which requires public authorities to have due regard to eliminating discrimination, advancing equality of opportunity, and fostering good relations between different groups.

The EQIA examines the anticipated impact of the proposed amendment to the 2021 Act on individuals who share any of the nine protected characteristics outlined above. It focuses on whether the inclusion of sex as a characteristic could create disproportionate or unintended consequences for these groups, either directly or indirectly.

The assessment draws on a range of evidence sources, including:

• Responses to the public consultation on the draft Scottish Statutory Instrument (SSI);
• Responses to the earlier consultation on Lord Bracadale’s Report on Hate Crime, which originally recommended the addition of the characteristic of “gender” to hate crime law;
• Research and reports on gender-based violence, misogyny, and hate crime; and
• Data from national and international studies on discrimination and harassment

The EQIA does not attempt to quantify the exact prevalence of sex-based hate crime, or predict enforcement outcomes. Instead, it provides a qualitative analysis of potential risks and benefits, recognising that the legislation aims to address systemic harms associated with misogyny/misandry and sex-based hostility.

The scope is limited to the legal and social implications of the amendment and does not extend to operational considerations such as policing resources or prosecutorial guidance, which are addressed separately in the Business and Regulatory Impact Assessment (BRIA).