A SCOTTISH Conservative MSP has lodged a complaint against Police Scotland after his comments about non-binary people were recorded as a hate incident.
Murdo Fraser’s lawyers have written to the police watchdog calling for an investigation into the force.
Officers recorded a non-crime hate incident (NCHI) against the veteran MSP over a social media post last November.
In the post, which criticised the Scottish Government’s policies around gender, Fraser said: “Choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat.”
Officers decided the post was not criminal but recorded an NCHI against the Mid Scotland and Fife MSP, without telling him.
Fraser threatened legal action against Police Scotland and urged them to remove the NCHI, but they refused.
In his letter to the Police Investigation and Review Commissioner (Pirc), his lawyers argued he had been treated unfairly by police.
They said former first minister Humza Yousaf and author JK Rowling did not have any NCHIs recorded against them, despite both also being reported to the police.
Neither were found to have committed any crimes.
Fraser said Police Scotland’s decision breached his freedom of expression, and he added the force could not explain why he had been “targeted”.
The MSP, who unsuccessfully ran for the Tory leadership last month, said NCHIs are having a “chilling impact” on free speech.
He said: “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.
“I tried to get Police Scotland to withdraw the NCHI but it refused, saying it had adopted a ‘victim-centred approach’.
“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 and that is why it must be changed.”
Police Scotland previously said victim-recording was important to “monitor tensions within communities” and that hate incidents were not logged against perpetrators.
A Pirc spokesperson 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 spokesperson for Police Scotland said: “As a complaint has been submitted to the Police Investigations and Review Commissioner, it would be inappropriate to comment further.”
