Police apologise to Tory MSP over 'hate incident'

Conservative MSP Murdo Fraser has received an apology from Police Scotland after the force recorded one of his social media posts as a "hate incident".

Fraser likened identifying as non-binary to identifying "as a cat" in November 2023, in relation to Scottish government equality policies.

Police Scotland has now said his case was dealt with differently to "reported incidents involving other prominent public figures".

Fraser, who had threatened legal action against the force, welcomed the apology but said he still had concerns about non-crime hate incidents (NCHIs).

The dispute began when Fraser commented on a newspaper article about the Scottish government's Non-Binary Equality Action Plan.

He posted: "Choosing to identify as 'non-binary' is as valid as choosing to identify as a cat.

"I'm not sure governments should be spending time on action plans for either."

A member of the public made a complaint about the post but Police Scotland decided that no crime had been committed.

However, the post was recorded as a "hate incident", though this was not attached to Fraser's name.

As first reported by the Telegraph, external, Police Scotland has now apologised "unreservedly" to Fraser and said the guidelines for issuing NCHIs were "not applied consistently" in his case.

However, the force maintained that it had been legal to register an NCHI related to Fraser's post.

The MSP said he was "delighted" with the apology.

"It was always clear to me that Police Scotland were not applying their policy on Non-Crime Hate Incidents in an even-handed fashion," he said.

"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."

Fraser said he would consider with his legal team whether any further action was required

A Police Scotland spokesperson said: "Following receipt of the complaint handling review from the Police Investigations and Review Commissioner, the initial complaints have been reassessed and a response sent to the complainer."