Watchdog exposes Police Scotland shortcomings over MSP ‘hate crime’ complaint

Police Scotland failed to adequately handle an MSP’s complaints over a logged non-crime hate incident (NCHI), the policing watchdog has ruled.

The force recorded an NCHI against Murdo Fraser for lampooning a ‘non-binary’ action plan set out by the Scottish Government. When Police Scotland rejected Fraser’s complaints about the NCHI, he asked the Police Investigation and Review Commissioner (PIRC) to carry out a review.

Following the PIRC’s investigation, it directed the force to reconsider.

Gender ideology

In 2023, responding to the publication of the Scottish Government’s Non-Binary Equality Action Plan 2023-2028, Fraser tweeted that choosing “to identify as ‘non-binary’ is as valid as choosing to identify as a cat”.

He continued: “I’m not sure Government’s should be spending time on action plans for either.”

A member of the public reported the social media post to Police Scotland. It logged the comments in the post as an NCHI, but failed to notify the MSP that it had done so.

When the NCHI came to light, Fraser’s lawyers disputed the force’s decision, questioned its legality, and argued – citing high profile cases reported in the media involving Humza Yousuf and JK Rowling – that the police applied its policy inconsistently.

Poorly handled

In a 17-page report, the PIRC concluded: “We have found that Police Scotland did not handle the complaints to a reasonable standard.

“Consequently, we have issued three reconsideration directions to address the shortcomings in Police Scotland’s handling of the complaints.

“In reconsidering the complaints, Police Scotland should carry out further inquiry and provide the applicant with a further response. Our reconsideration directions should be completed by Police Scotland within two months.”

Following the report, a Police Scotland spokesman said: “we will consider the recommendations and a full update will be provided to the complainer in due course”.

Free speech

Fraser described the ruling as “a devastating rebuff to Police Scotland” and “a vindication of the stance I have taken in complaining about their policy on recording NCHIs”.

He added: “It has always been clear to me that the police have been operating a policy which is unlawful and a breach of human rights in that it stifles free speech.”

According to freedom of information responses, police forces in Britain recorded 13,200 NCHIs in the year to June 2024.

Former Supreme Court Justice Lord Sumption said previously: “I think, as many people do, that the police have no business to be recording things that are not crimes.”