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Former Deputy Leader of the Scottish Conservatives Takes on Police Scotland Over Recording of Tweet as a ‘Hate Incident’

by Toby Young
25 March 2024 7:00 AM

Murdo Fraser, the MSP for Mid Scotland and Fife, has threatened Police Scotland with legal action if it doesn’t delete a ‘hate incident (non-crime)’ it recorded against him and scrap the national guidance it’s following, whereby if a hate crime report turns out not be a crime it is automatically recorded in this way. The Free Speech Union is helping Murdo with the case, which may be significant because after the Hate Crime and Public Order (Scotland) Act comes into force on April 1st Police Scotland will be deluged with tens of thousands of ‘hate crime’ reports and the vast majority will turn out not to be crimes at all, but, as per the guidance, will be recorded as ‘hate incidents’. This can have a detrimental affect on a person’s career. In Murdo’s case, for instance, the original complainant, when notified Murdo’s tweet had been recorded as a ‘hate incident’, contacted the ethical standards commissioner of the Scottish parliament and tried to get him to open an investigation into Murdo’s fitness to serve as an MSP on the grounds that the police had designated his tweet as hateful. The Scottish Mail has the story.

A trans activist reported the post on X, formerly Twitter, to Police Scotland whose officers decided it did not amount to a crime but should be classed as a ‘hate incident’ which will remain on record – even though no law had been broken.

Mr. Fraser, MSP for Mid Scotland and Fife, is threatening legal action against the force to have the incident deleted and its hate crime policy changed, with the support of the Free Speech Union (FSU).

The row comes ahead of the SNP Government’s new hate crime laws coming into force next Monday, April 1st, amid fears police will be inundated with ‘baseless’ allegations. The legislation creates a new offence of “stirring up hatred” on the basis of disability, race, religion, sexual orientation, transgender identity and age, which for most of these categories can include “expressions of antipathy, dislike, ridicule or insult”.

Last night Mr. Fraser told the Mail: “Police Scotland has behaved not just outrageously, but unlawfully according to the legal advice obtained by the FSU. This is Police Scotland attacking free speech but it is more sinister than that. My tweet wasn’t pointing a finger at an individual, it was critical of a Scottish Government policy. If police are now treating criticism of SNP policy as hate incidents, that is a really serious issue as it shows how Police Scotland has been captured by the SNP policy agenda.”

On November 18th last year, Mr Fraser shared a column written by Susan Dalgety for the Scotsman, which claimed the SNP Government’s non-binary equality action plan would lead to children being “damaged by this cult”.

Commenting on the shared post, Mr. Fraser said: “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 reported the post to Police Scotland, claiming it constituted hatred against non-binary or transgender persons.

The Mail is not disclosing the name of the complainant, who is a trans activist.

Mr. Fraser said the officer who followed up determined that “although no crime had been committed and the police would conduct no further investigation, the perception of the complainant meant that my post would be recorded as a ‘hate incident’, and a reference number was provided to the complainant”.

The MSP only found out about the ‘hate incident’ because the same activist had complained to the ethical standards commissioner of the Scottish parliament about the tweet. The complaint was not taken forward but as a result of this process Mr. Fraser was alerted to the police report.

On December 21st, 2023, Mr. Fraser wrote to Chief Constable Jo Farrell asking for a meeting to discuss the matter. The local area commander for Perth and Kinross replied on March 11th this year.

He confirmed that a ‘hate incident’ had been recorded based on the victim’s perception, that there was no associated criminal investigation, but that the incident would remain on police records “in line with national guidance”.

Mr. Fraser called in the FSU to back a legal challenge on the basis that Police Scotland has “adopted a cavalier and disrespectful attitude towards me and my rights to freedom of expression and privacy, and the right to be informed of false and damaging information held on police records”.

The MSP argues that the filing of the hate incident breaches laws including the Human Rights Act.

Article 10 of the European Convention on Human Rights states that everyone has the right to freedom of expression.

In his letter of complaint, Mr. Fraser said the police “acted on the basis of a policy that is disproportionate, discriminatory, intrusive, irrational and otherwise unlawful”. He said Police Scotland must ‘permanently delete its record of the ‘hate incident’ related to me” by April 5.

South of the Border, officers must not record anything that is “trivial, malicious or irrational”.

Toby Young, founder of the FSU, said Police Scotland “should focus on policing actual crimes, not non-crimes”.

Worth reading in full.

Stop Press: Murdo Fraser has released a statement about the case on X.

With the support of ⁦@SpeechUnion⁩ I am challenging ⁦@PoliceScotland⁩ policy in recording ‘hate incidents’ as unlawful. Here’s why: pic.twitter.com/0MAMq28jeY

— Murdo Fraser (@murdo_fraser) March 25, 2024
Tags: Hate Crime and Public Order (Scotland) ActMurdo FraserPolice ScotlandScotland

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33 Comments
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coulie45
coulie45
5 months ago

I wonder if Chris is planning a critique of this week’s BBC TV’s Panorama programme on Climate Change? One interesting aspect of the programme was the examination of alternative methods of trying to regulate the climate (shades of Canute) where some concerns were stated on the wisdom of such attempted manipulation and the possibility of dangerous unforeseen consequences of such meddling.

10
0
klf
klf
5 months ago
Reply to  coulie45

The meddling you describe, is a terrifying prospect.

7
0
Gezza England
Gezza England
5 months ago
Reply to  coulie45

There is another programme on BBC about this crap complete with the tosser Rowlatt next week that will be worth avoiding for your own sanity.

4
0
huxleypiggles
huxleypiggles
5 months ago

Off-T

The excellent Frank Haviland.

https://thenewconservative.co.uk/islam-farages-achilles-heel/

Farage has been flaky since he pushed for Bliar to be awarded the job of “Vaccine Tsar” – God help us – but his recent comments on islam have pretty much drained my hope from this man.

There can be no pallying up with Muslims, they want to destroy us and our country. War against muslims might not be official but it is where we are at and Farage won’t acknowledge this. A friend commented that he might be playing the long game, the problem is we haven’t got the time.

Reform are nothing more than pseudo tories.

Our salvation will not arrive via the ballot box.

Last edited 5 months ago by huxleypiggles
4
0
Mogwai
Mogwai
5 months ago
Reply to  huxleypiggles

Yes he got a lot of stick online for that comment, though it was about 50/50 because some were defending him saying he has to be careful politically, yadda yadda. I appreciate he may choose to proceed with caution when commenting about Islam and the now significant Muslim population that the UK bent and treacherous governments have welcomed with open arms ( though the British public have had thrust on them, having not voted for any of this replacement guff ), as not every politician is ready to live like Geert Wilders over here, but I do wish he’d be a bit more forthright on issues and basically take a leaf out of John Prescott’s book, especially where the weaponizing of certain food and drink items come into play;

”John Prescott just being John Prescott.

A far cry from today’s scaredy-cat politicians, too afraid to have an opinion in case they upset a snowflake.

And he did deserve that kicking..”

https://x.com/AvonandsomerRob/status/1859527790426476836

3
0
Ron Smith
Ron Smith
5 months ago
Reply to  huxleypiggles

Politico made that point a few days ago, and showed some videos of Farage before & after regarding Islam. A stark difference. Not sure I could vote for them again with the Trojan Horse of Islam in his Chairman. Not that he doesn’t speak well and agree on other subjects. We can’t agree on everything after all.

1
0
Eldorado
Eldorado
5 months ago

I wonder whether urban development is the cause of lower wind speeds? The anemometers now being sited in places where the natural wind flow is disrupted by new buildings.

Last edited 5 months ago by Eldorado
4
0
Ron Smith
Ron Smith
5 months ago

1966: oil gone in 10yrs
1967: dire famine forecast by 1975
1968: overpopulation will spread worldwide
1969: everyone will disappear in a cloud of blue steam by 1989
1970: the world will use up all its natural resources by 2000, urban citizens will require gas masks by 1985, nitrogen build-up will make all land unusable, decaying pollution will kill all the fish, killer bees, ice age by 2000 and America will be subject to water rationing by 1974 and food rationing by 1980
1971: new ice age coming by 2020 or 2030
1972: new ice age by 2070 and oil depleted in 20yrs
1974: space satellites show new ice age coming fast, ozone depletion and “Great peril to life”
1976: scientific consensus planet cooling and famines imminent
1977: department of energy says oil will peak in the 90s
1978: no end in sight to 30yr cooling trend
1980: acid rain kills life in lakes and peak oil in 2000
1988: regional droughts in the 90s, temperatures in DC will hit record highs and Maldives will be underwater by 2018
1989: rising sea levels will obliterate nations if nothing is done by 2000 and New York City’s West Side Highway will be underwater by 2019
1996: peak oil in 2020
2000: children won’t know what snow is
2002: famine in 10yrs if we don’t give up eating meat, fish and dairy and peak oil in 2010
2004: Britain will be Siberia by 2024
2005: Manhattan will be underwater by 2015
2006: super hurricanes
2008: the Arctic will be ice free by 2018 and Climate Genius Al Gore predicts an ice free Arctic by 2013
2009: Climate Genius Prince Charles says we have 96 months to save the world, UK Prime Minister Gordon Brown says we have 50 days to “save the planet from catastrophe” and Climate Genius Al Gore moves his 2013 prediction of an ice free Arctic to 2014
2013: the Arctic will be ice free by 2015
2014: only 500 days before “Climate chaos”
2018 A top climate scientist is warning that climate change will wipe out all of humanity unless we stop using fossil fuels by 2023…Greta Doomberg.
2019: Hey Greta, we need you to convince them it’s really going to happen this time
2020 Greta Thunderberg global warming will cause temperatues to rise to 80 degrees celsius and drown 80% of the population.
2024 Greta still alive.
2024 WEF

10
0
Hardliner
Hardliner
5 months ago
Reply to  Ron Smith

A succinct summary of the latest religion, man-made climate change
There’s always been a big market for irrational belief and false prophets

5
0
FerdIII
FerdIII
5 months ago
Reply to  Ron Smith

‘Peak Oil’ every year since the 1920s in fact.
Hydrocarbons have zero to do with ‘fossils’ or ‘devonian algae’.
So much ‘science’ is just so much stupidity.

2
0
Lockdown Sceptic
Lockdown Sceptic
5 months ago

The Climate Hasn’t Changed

3
0
CGW
CGW
5 months ago

Homewood observes that sea levels have been rising at between 1.3mm and 2mm a year around the U.K. after taking into account vertical land movement …

So, all around UK you can measure a sea-level rise of 2mm (0.08 inches)? To what degree of accuracy (2𝜎 values)?

I am aware of satellite measurements becoming ever more accurate but to that level? The data will have been collected over multiple years but sea-level (tidal) variations would have to be taken into account, data collection possibly from multiple satellites, satellite orbital data inaccuracies and so on and so forth.

All very interesting work but one wonders if the final results do not indicate that the measurements, presumably spanning not that many years, are at the limit of their usefulness/credibility.

3
0
FerdIII
FerdIII
5 months ago
Reply to  CGW

I stood in Ephesus which was a port and the home of John and Mary for eg. I stood in the centre – it is 3 miles from the Med. In ancient times I would have been 0.5 mi from the harbour. What sea level increase exactly? Or is it subsidence? In reality land is demised and will flatten. This gives the impression of a sea level rise.

1
0
CGW
CGW
5 months ago
Reply to  FerdIII

It is logical that sea and ground levels rise during interglacials (the latter due to being relieved of the massive weight of ice) but, as you write, there will be many local factors to take into account. And I think an extrapolation into the future of what will not be a linear reaction is pushing it a bit, especially when you are in the mm range. Whatever. I was in Ephesus ages ago – an amazing place.

Last edited 5 months ago by CGW
0
0

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