A Tory MSP has filed a complaint with the police after his social media post comparing non-binary people to those who “identify as a cat” was recorded as a hate incident.
Murdo Fraser’s lawyers have written to the Police Investigation and Review Commissioner (PIRC) demanding an investigation into Police Scotland’s decision to record a non-crime hate incident (NCHI) against him – the same thing which happened to Allison Pearson.
They argue that the police’s decision breached Fraser’s right to freedom of expression – while the force could not explain why he had been targeted, when no NCHIs had been filed against Humza Yousaf or JK Rowling for their own controversial statements.
Fraser told The Telegraph that his case exemplified how “the police approach to recording NCHIs can have a chilling impact on free speech”.
Fraser had written that “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat”
PA
He had been reported by a member of the public in November last year after he shared a post on social media about the Scottish Government’s impending transgender policies.
He had written that “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat”.
And though Police Scotland had judged the post was not a crime, it still logged it as an NCHI without telling Fraser.
He then tried to push police to withdraw the NCHI but they refused, saying they had adopted a “victim-centred approach”.
Fraser added: “It must be a real concern that police forces across the United Kingdom have been operating a policy of recording NCHIs, which may well be unlawful and is in breach of human rights.
MORE AS TRANS ROWS SHAKE SCOTLAND:
A chief inspector in Police Scotland’s professional standards department had thrown out Fraser’s complaint in August
PA
“I am grateful for the support of the Free Speech Union in allowing me to take legal advice to challenge the actions of Police Scotland. The police approach to recording NCHIs can have a chilling impact on free speech. That is why it must be changed.”
A chief inspector in Police Scotland’s professional standards department had thrown out Fraser’s complaint in August, claiming: “Given that NCHIs are victim-based, it would be inappropriate for me to comment on individual instances of victim-based perception and why they have or have not been recorded as such.”
But in their letter to PIRC, Fraser’s lawyers said this “veils any proper response” – and Police Scotland had failed to address the substance of the complaint.
In addition, they said that Police Scotland had side-stepped addressing why Fraser had been “treated differently” to Yousaf and Rowling.
Fraser’s lawyers said Police Scotland had side-stepped addressing why Fraser had been ‘treated differently’ to Yousaf and Rowling
PA
Police had received complaints about ex-First Minister Yousaf’s 2020 claims that “99 per cent of the time” he was “the only non-white person” in the room during Government meetings.
Then, just hours after the SNP’s controversial hate crime laws came into force in April this year, Rowling posted pictures of 10 high-profile transgender people and ridiculed their claims to be women – before challenging police to arrest her.
A PIRCspokesman said: “We are currently assessing an application for a complaint-handling review in respect of this case and will keep the applicant fully updated on our progress.”
A Police Scotland spokesman said: “As a complaint has been submitted to the PIRC, it would be inappropriate to comment further.”
