'Keep the Clause' campaign could have been investigated as a hate crime under current laws

The Lord Advocate, Frank Mulholland was challenged for his views on attempts in 2000 to repeal the controversial Section 28 law which forbade local authorities from “promoting” homosexuality in schools.

A major part of the ultimately unsuccessful campaign was a private poll, funded by Sir Brian Souter, co-founder of the Stagecoach Group.

The country’s chief Law Officer was questioned at an event in Glasgow aimed at raising awareness about a new multi-agency group set up to tackle hate crime.

He was asked by a delegate if the campaign would now be considered a hate crime, because it, “was ultimately about prejudice towards homosexual people.”

Hate crime is defined as being "motivated by malice or ill will towards a social group" by race, sexual orientation, religion, disability or transgender identity.

Mr Mulholland said: “We would need to look at the context of it... if it strayed into the context of hate.

“We have a number of legal protections for freedom of speech. The bar for freedom of expression if quite high.”

He later added: “No one should suffer discrimination based on their sexuality. It is something I feel passionate about.”

He said Scotland had made “fantastic inroads.” in dealing with hate crimes involving sexuality and that he “stood by” an attempt to prosecute two Hibs fans for a chant about Hearts player Paul Hartley involving his sexual orientation.

He said: “I took the view that, that crossed the line and was not banter. It had crossed the bar. I was unsuccessful but I stand by it.”

Mr Mulholland, who is responsible for prosecution policy, spoke of his determination to secure justice for victims of hate crime after dealing with some of the most high profile cases in Scotland..

He said the horrific murder of Celtic fan Mark Scott in Glasgow had left “a scar on the city” and “shaped his thinking” about the issue.

Jason Campbell spent 15 years in prison for murdering 16-year-old Mark as he walked through Bridgeton after watching his team play at Parkhead in October 1995.

Mr Mulholland said: “I have been an advocate for well over 30 years during Scotland’s most vile, horrific and appauling hate crimes.

“I was involved in the prosecution of that crime. It was deeply felt by Mark’s family and it left a scar on the city.”

He spoke of his disbelief that after the conviction, there was a campaign to transfer Campbell to a jail in Northern Ireland as a “political prisoner.”

He said: “It was the time of the peace process. As part of that there was some suggestion that Jason Campbell should be sent to one of the jails in Northern Ireland as a political prisoner.

“He was anything but that. He was a murderer with hatred in his heart. I’m pleased to say that the government of that time took a robust line.

“It shaped my thinking.”

The Lord Advocate said Scotland now had “world-class” policies on “gender based hatred” or domestic abuse. He was responsible for instigating an investigation on a proven link between Old Firm games and incidents.

He recalled how extra prosecutors would be brought in on a Monday morning to deal with the increase in custody cases after Celtic and Rangers matches.

He said: “The women we used to deal with, you would see if you could build a case. What you didn’t do was look at previous partners.

“Now, the police and the courts, you go back and speak to the previous partners. What we find is, there’s a long history.

“The top 29 perpetrators of domestic violence in Scotland have been sentenced to a total of 360 years in jail.”

However, he said hate crimes towards people with a disability were “hugely under-reported.”

He said: “When I was appointed Lord Advocate the one thing that struck me was disability hate. The number of crimes reported to the police (that year) was 20 in Scotland.

“It’s hugely underreported. That’s moved from 20 to around 140. We have had a number of successful prosecutions.”

He said that while there had been a small spike in attacks on ethnic minority groups in Glasgow after the Paris terrorist attacks, Glasgow had, thankfully, not witnessed the same level of incidents as elsewhere in Europe.

He said: “We need to go and look to the communities and our Islamic brothers and sisters and give them a show of support.

“Asylum seekers and refugees have come here to Scotland for a safe haven.

“In Scotland if you are a victim of crime, we would do something about it.

“It doesn’t matter where you are from.

“We have to change societal attitudes. In the 1970s, there was a comedy based on race.

“Imagine the BBC showing Love They Neighbour now, the director general would be arrested. Domestic violence was referred to as a “domestic.” That was part of the attitude in the prosecution service. I’m sure Police Scotland wouldn’t deny that.

“Scotland now has world-class policies on domestic abuse. The point is, that attitudes have changed.

“I’m from Coatbridge and my parent imbued in me the values that if you are in a position to do something, you should do it. It’s a long game.”

The Evening Times contacted Mr Souter but he did not respond to our inquiry.