Police Scotland told to urgently clarify policy on ‘non-crime hate incidents’

It came as the row over Scotland’s controversial new hate crime law showed no signs of abating

A hate crime billboard in Glasgow. (Photo by Jeff J Mitchell/Getty Images)

Police have said the personal details of MSP Murdo Fraser were not recorded in relation to a non-crime hate incident logged against him, as confusion over the force’s policy continued to mount.

The Tory MSP has written to Jo Farrell, the chief constable, to demand answers after learning a social media post he had written had been logged. He said the force had “serious questions” to answer after it failed to log complaints made against Humza Yousaf and JK Rowling in a similar manner, and has accused the police of showing “political bias”.

Humza Yousaf during a visit to Dingwall and Highland Mart in Dingwall. Photo: Jane Barlow/PA Wire

While it emerged last night that his personal details were not recorded on the Police Scotland’s Interim Vulnerable Persons Database in relation to the report, Mr Fraser said he was still looking for answers as to why his post was logged in the first place.

It came as Rowling accused First Minister Humza Yousaf of “bumbling incompetence and illiberal authoritarianism" in a social media post shared to her 14.1 million followers, as the row over Scotland’s controversial new hate crime law showed no signs of abating.

After the force said his personal details were not recorded, Mr Fraser responded: "I'm grateful to finally get a response from Police Scotland, and I await a more detailed explanation as to why they believe, unlike the police in England, why their policy on recording ‘hate incidents’ is lawful.

"I would however contest their claim that I accept that there has been no breach of the Data Protection Act.

JK Rowling. Picture: Justin Tallis/AFP via Getty Images

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"I still await a response to my equally serious letter today on why I have been targeted by the police whilst the SNP First Minister has escaped any action."

Speaking in Dingwall, Mr Yousaf said: “I think it’s ludicrous to suggest that the police have political bias. I think it’s very insulting to police officers up and down the country, and I think anybody looking objectively over the last year couldn’t possibly make the argument that there has been police bias towards the SNP or any political party.

"It’s a ridiculous statement to make, so I think Murdo Fraser should stop attacking the police and let them get on with the job they’ve got to do.”

The First Minister said hate incidents were for the police to determine, adding that the force is “reviewing” its procedures in the wake of changes in England and Wales.

Police confirmed on Wednesday that a series of tweets by Ms Rowling as the new Hate Crime Act came into effect were not criminal and had not been recorded as a hate incident.

The author had listed a number of transgender women, including violent criminals and activists, and insisted “every last one” is a man. She then challenged the police to arrest her under new hate crime legislation if they believed she had committed an offence.

Complaints had also been made to the police about Mr Yousaf, relating to a speech he gave in 2020 about the lack of ethnic minorities in positions of power.

Mr Fraser previously had a non-crime hate incident recorded against him after he likened identifying as non-binary to identifying “as a cat”. He has demanded an apology from Police Scotland, adding: “It is hard not to conclude that Police Scotland has been captured by the SNP policy agenda and that this is a decision that reeks of political bias.”

The MSP insisted the First Minister “cannot dismiss these serious concerns out of hand”. He said: “The public – like me – are seeking urgent clarification over what Police Scotland’s policy now is in relation to recording non-crime hate incidents. Given their actions this week, it would appear there is one rule for some politicians and another rule for opposition members like myself. Even his SNP MP colleague, Joanna Cherry, says the force are making up this policy on the hoof, so Humza Yousaf must address this issue and ensure the police are upfront about how they are making decisions.”

A non-crime hate incident is recorded when an incident does not meet the threshold for a crime but is perceived by the victim or anyone else to be “motivated (wholly or partly) by malice and ill-will towards a social group”, according to Police Scotland guidance. The practice of recording such incidents pre-dates the new law, however, there are concerns the number of hate incidents will increase as a result of it.

The Scotsman asked Police Scotland to clarify why Mr Fraser’s tweet led to a hate incident being recorded, but the complaints about Ms Rowling and Mr Yousaf did not, but the force said it had “nothing further to add”.

James Chalmers, the Regius Professor of Law at the University of Glasgow, told this paper: "Three years ago, a successful court challenge led to changes in the policy on recording non-crime hate incidents in England and Wales so that such records are no longer automatic. It's unsatisfactory that Police Scotland's policy is still to be updated, even after the new Act has come into force. None of this affects what is and isn't criminal under the Act but people are entitled to greater clarity over how the police might deal with accusations against them."

Elsewhere, Mr Yousaf faced scathing criticism from Ms Rowling on social media. The First Minister had previously said the author’s tweets “may well be offensive, upsetting and insulting to trans people”, but this did not mean “they meet a threshold of criminality of being threatening or abusive and intending to stir up hatred”.

Responding to a news story that quoted Mr Yousaf’s “offensive and upsetting” comment, Ms Rowling replied: “Most of Scotland is upset and offended by Yousaf’s bumbling incompetence and illiberal authoritarianism, but we aren’t lobbying to have him locked up for it.”

It is understood Police Scotland has been deluged with thousands of complaints since the new hate crime legislation came into force on Monday. Mr Yousaf said he was concerned but not surprised. He told journalists: “It’s not a huge surprise that when legislation is first introduced there can sometimes be a flurry of vexatious complaints. We’ve seen that and I would say to people don’t make vexatious complaints – you should desist – because what you’re doing is wasting precious police resources and time. But I am very, very concerned about the fact that we have seen those complaints, but at the same time I know that police are very adept at dealing with vexatious complaints.”", they do it every day and they know how to treat them.”

The First Minister also hit out at Scottish Labour and the Liberal Democrats, who both voted in favour of the Bill in 2021, claiming they had “run for the hills” when it comes to defending the legislation in public.