§ Mr. GapesTo ask the Secretary of State for Scotland what is the policy of the Lord Advocate in respect of the prosecution of holocaust denial material. [17540]
§ Lord James Douglas-HamiltonMy noble and learned Friend the Lord Advocate informs me that he has no policy specifically directed to the prosecution of holocaust denial material. In relation to any police reports containing allegations of holocaust denial, the Crown will follow the same approach as it does with other allegations of criminal conduct. The decision whether to take proceedings, and the nature of any proceedings, will be determined by an assessment of the available evidence and the public interest, having regard to the whole circumstances of the offence. Proceedings could be taken only where there is sufficient evidence that (1) the person who published or distributed the "holocaust denial material" intended thereby to stir up racial hatred or, having regard to all the circumstances, racial hatred was likely to be stirred up thereby, and (2) the material was threatening, abusive or insulting.
§ Mr. GapesTo ask the Secretary of State for Scotland (1) how many prosecutions relating to holocaust denial material there have been in Scotland in each year since 1979; [17541]
(2) how many prosecutions there have been for incitement to racial hatred in Scotland since 1979. [17542]
§ Lord James Douglas-HamiltonMy noble and learned Friend the Lord Advocate informs me that the information requested is not available.