In Scotland it’s the Conservatives who fight the police. Veteran Tory MSP Murdo Fraser is accusing Police Scotland of acting unlawfully in recording a tweet of his as a non-crime “hate incident”. A trans activist complained late last year after Fraser said in a tweet: “Choosing to identify as “non-binary” is as valid as choosing to identify as a cat.” He only found out that the record exists by accident. This is before the SNP’s hate crime law targeting playwrights and comedians even comes into effect…

The Tories aren’t holding back in response. A letter to Police Scotland, written with the aid of the Free Speech Union and revealed this morning, argues:

1. Recording his tweet as a “hate incident” violates the Human Rights Act’s requirement to allow freedom of expression.
2. The recording also violates the Equality Act, which protects characteristics like the philosophical belief that sex is binary.
3. The recording also violates the Data Protection Act for processing personal data without due investigation
4. The police’s “Hate Crime Operational Guidance” from 2021 violates the law by preventing the police from establishing whether there is a lawful justification to interfere with freedom of expression.

Fraser is demanding the record of the “incident” is deleted and the police’s guidance amended to protect freedom of expression. If not, he says ‘see you in court’…

Read Fraser’s full letter below: