A Scottish Conservative led debate gave Holyrood politicians an opportunity to voice concerns about the reporting of alleged hate crime incidents, despite the number of hate crime reports dropping by 75 per cent in its second week.
Scottish Tory MSP Murdo Fraser has been fighting for answers from Police Scotland in relation to a ‘non-crime hate incident’ raised after a social post he made was reported as a hate crime.
“I only found out about that by accident,” he says, “because the complainant then reported me to the Ethical Standards Commissioner who polices the conduct of parliamentarians.
The ESC complaint was thrown out, but brought the non-crime hate incident to Mr Fraser’s attention.
Scottish Conservatives tabled a debate regarding the hate crime law in Scotland
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“I’ve been in conversation with the police ever since then trying to understand why this was done, why I wasn’t told about it and why it seems now a different standard was applied in relation to the many complaints made against the SNP First Minister, Humza Yousaf,” says Mr Fraser.
In 2020, then Justice Secretary Humza Yousaf stood in Holyrood listing high profile public figures, stating “white” after each entry, concluding Scotland “has a problem with structural racism”.
The Central Scotland and Fife MSP says a meeting with the Police Chief Constable has now been diarised, where he hopes to uncover why reports against he and the First Minister “were handled differently”.
Neale Hanvey, ALBA’s Westminster leader says he too has been the target of “at least one” hate crime allegation.
“That’s taking up the time of police officers that would be much better spent focussing on real crimes,” he said, “crimes that I know my constituents suffer from and are frustrated that police lack the time to look into properly.”
It’s by no means proper, but in the social media age and the increasingly hostile atmosphere of First Minister’s Questions has meant politicians have had to develop thick skins, but not everyone lives life ready to shut down their fiercest critic at a moment’s notice.
74-year-old Morag McDougall Brown lives in the sleepy seaside town of Troon on the idyllic Ayrshire coast.
Her peace was shattered when she received a visit from police officers on April 9, instructing her to accompany them to the local police station.
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Scottish Tory MSP Murdo Fraser has been fighting for answers from Police Scotland in relation to a ‘non-crime hate incident’ raised after a social post he made was reported as a hate crime
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Hesitant, she queried, “What happens if I don’t come?” to which an officer informed her she would be handcuffed.
Strengthened by her certain innocence, the pensioner accompanied them to Kilmarnock Station.
“They read me my rights and then the lady officer came round and searched me,” Morag recalls.
“They took my jewellery, went through my handbag and put certain things in wee bags.”
As she was being processed, she remained unaware why officers took her from her home.
It wasn’t until officers proceeded with questions about Morag’s neighbour that she began to build a picture of the events that led her to a police interview room.
The Ayrshire pensioner claims to have a long-running dispute with her neighbour, describing “two years of abuse” and in response to catching them damaging her garden, the neighbour alleged Morag retorted with derogatory language.
“I knew then she had phoned up and told a lie, a complete lie and that was why I was arrested,” says Morag.
The hate crime law in Scotland has proved very controversial
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“I never even opened my mouth, in fact, I wasn’t even out that day at all.”
According to Morag, this is the third allegation from that neighbour which has involved local officers, but the introduction of the new law led to an escalated response.
Reflecting on her experience, Morag says: “I hate to think that anybody like me or similar to my age would ever have to go through this because I really don’t think I’ll ever get over it - I think it’ll be on my mind forever.”
Police Scotland said: “A 74-year-old woman was arrested on Tuesday, 9 April, 2024 in connection with a report of verbal abuse in the Harbour Road area of Troon on Monday, 8 April, 2024. She was released without charge.”
The force has come under fire for committing to investigate every hate crime report and it is incredulous that Police Scotland is sufficiently resourced to replicate Morag’s experience for every reported individual.
The Scottish Government maintains that “triple-lock” protections are baked into the new legislation defending free speech and the First Minister says the freedom to criticise, insult and offend "exists and should be treasured” to uphold a high threshold of criminality relating to stirring up hatred.
He has called out “bad actors” and sensational news headlines for the spread of disinformation, but Morag is no closer to understanding why something she was accused of saying - however false the allegation - could warrant such a police response, how it could be perceived as stirring up hate or how commonplace her experience will become.
