Tory MSP in apology call

A TORY MSP is demanding an immediate apology from Police Scotland after the force confirmed comments made by Harry Potter author JK Rowling as Scotland’s new hate crime laws came into force have not been recorded as a “non- crime hate incident”.

Police had previously recorded remarks made by Scottish Conservative MSP Murdo Fraser in relation to gender identity in this manner.

But after Police Scotland confirmed the famous writer’s comments had not been treated as a “hate incident”, the Conservative politician claimed the force “appear to be making it up as they go along” – with Rowling backing calls for an apology.

She posted on X: “Again, I trust everyone will be treated the same way if they express themselves similarly. Nobody should have a ‘ Hate Incident’ logged against them for accurately describing, or asserting the importance and reality, of biological sex. We must all be equal under the law.”

A non- crime hate incident is recorded when an incident does not meet the threshold for a crime but is perceived to be “motivated ( wholly or partly) by malice and ill- will towards a social group”, according to Police Scotland guidance.

With regards to Rowling’s comments on social media, where the author misgendered a number of trans people, and effectively challenged police to arrest her, a spokesperson for Police Scotland stated: “The circumstances have been assessed and will not be recorded as a non- crime hate incident.”

And although transgender people are amongst those given new protection under the Hate Crime and Public Order ( Scotland) Act, which came into force on Monday, the force had said earlier that Rowling’s posts were “not assessed to be criminal”.

Mr Fraser, who had a non- crime hate incident recorded against him after he likened identifying as non- binary to identifying “as a cat” now wants an apology from Police Scotland.

Complaints about comments Scotland’s First Minister Humza Yousaf made in a speech four years ago are also not being recorded as a “hate incident”, Mr Fraser said.

The Tory hit out at Police Scotland, saying: “They have taken a different approach to comments made by the SNP First Minister to those made by an opposition politician.”

Mr Fraser added: “I hope the Chief Constable will contact me urgently with an immediate apology for recording a hate incident against me and confirming all records in relation to it have been destroyed.”