Police Scotland apologises to Tory MSP over social media post action

Police Scotland has apologised to a Scottish Conservative MSP after guidelines for recording a non-crime hate incident (NCHI) against him were “not applied consistently”.

Murdo Fraser lodged a complaint against Police Scotland after officers recorded an NCHI against the MSP over a social media post in November 2023.

In the post, which criticised the Scottish Government’s policies around gender, Mr Fraser said: “Choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat.”

The force have apologised to Mr Fraser and said the guidelines for issuing NCHIs were “not applied consistently” in his case.

However, it continued to support logging the NCHI in relation to the post.

Mr Fraser said: “I am delighted with the outcome of this long-running complaint, and I am most grateful to the Free Speech Union for their steadfast support for me throughout this process.

“It was always clear to me that Police Scotland were not applying their policy on Non-Crime Hate Incidents in an even-handed fashion, and I had a particular concern that an opposition politician was being treated differently from the SNP First Minister.

“I am pleased that this has now been accepted by Police Scotland and that an unreserved apology has been issued.

“I remain concerned about the legality of Police Scotland’s policy towards recording NCHIs, and I have watched with interest the debate taking place south of the border in connection with police policy in this area.

“It is hard to see what the value of collecting this data is, when it is based purely on the perception of the complainer and is therefore of little statistical value, and diverts police resources away from other more significant matters.

“I will now consider with my legal team and the Free Speech Union whether any further action in this matter is required.”

Police Scotland has been approached for comment.