DUP on hate crime bill: 'We want to protect people with reasonable concerns about transgenderism from prosecution'

The party says that it it worried about plans to expand the authorities' ability to criminalise people for things that they say, adding that the law must not be used to police “thoughts and emotions”.

Its justice spokeswoman Joanne Bunting made the comments in a statement to the News Letter amid the huge furore in Scotland surrounding its new hate crime law.

Among the most controversial things about the Scottish law (backed by the SNP, Labour, LibDems and Greens) are that it criminalises the "stirring up of hatred" against people on the basis of their self-declared transgender status, and that it contains no "domestic dwelling defence" to protect people from being arrested for things they say in their home.

Alliance leader and justice minister Naomi Long intends to press ahead with a new Northern Irish version of the Scottish act, and has already indicated that her bill is likely to make transgenderism a protected characteristic, instead of just race, religion, sexuality and so on.

It is uncertain whether her bill will contain a "private dwelling defence" if and when she publishes it.

The DUP had responded to a consultation held by Stormont's justice department back in 2022, and had voiced worries about what the planned bill may look like.

This week, DUP justice spokeswoman Ms Bunting said the party opposes “any extension of the protected characteristics”.

"There is already widespread concern with the current hate crime framework,” she said, referring to the proposed definition of a hate crime, which the DoJ has already “accepted in principle” (namely that a hate crime is motivated by “hostility, bias, prejudice, bigotry or contempt against the actual or perceived status of the victim”).

"The ‘hostility’ threshold is ambiguous and serves to unjustly infringe the rights of those with deeply held beliefs who express their views reasonably,” continued Ms Bunting.

“Instead, there should be clear evidence of malice.

"The focus going forward should be on reviewing the understanding and application of current hate crime laws, as well as aiding better and clearer enforcement.

"It certainly should not be about policing thoughts or emotions.

"With this in mind, DUP Assembly members will approach any future hate crime bill with a clear determination to ensure that those who reasonably voice concerns on transgender issues, or indeed any other issue, continue to benefit from protection under the law.’’

The DUP has sometimes seemed ambivalent towards transgenderism.

For instance, DUP deputy Paula Bradley attended a 90-minute forum arranged by the media outlet Pink News in 2021.

At the event, sponsored by the corporate finance giant CitiGroup and hosted by John O’Doherty of the Rainbow Project, Mr O’Doherty said, in relation to transgender health measures: “An ever-growing number of trans and non-binary people are not able to access the care that they need and deserve.”

Ms Bradley agreed, saying: “I absolutely agree with other people here, that this is an issue of equality – absolutely it is. People are entitled to healthcare, so they are, whatever that healthcare might be... we’ve never done enough in NI to support transgender health.”

In response to a call from a Green delegate “for all of us who believe in queer equality and liberation... to stand behind our trans siblings” Ms Bradley said: “Could I just come in and say I absolutely agree.”

She added it is wrong to say transgender people have a “disorder’ as if someone has an illness that can be cured in some way”.

See here: DUP deputy’s entire remarks to LGBTQIA+ gathering

In September 2021, the Department of Education – then under DUP minister Michelle McIlveen – launched a campaign to give free tampons to all “pupils who menstruate” – as opposed to girls, in accordance with transgender activists’ view that boys also have periods.

And in February 2024 it was reported that the DUP had admitted Michael Palmer as a member.

A former UUP member and a frequent online political commentator, Mr Palmer has been a vocal advocate of the “LGBT” movement.