To ask the Scottish Government what discussions it has had with Police Scotland in relation to its guidance on recording non-crime hate incidents. (S6O-03528)

On 9 May 2024, Police Scotland published its interim guidance on responding to hate crime, which includes information on the recording and handling of non-crime hate incidents. Although the recording of non-crime hate incidents and the development of guidance are operational matters for Police Scotland, the chief constable and I discussed the matter when we met on 30 April.

I am aware that, following concerns that I and others raised about the lawfulness of Police Scotland’s policy on recording non-crime hate incidents, it has now changed its policy to bring it into line with the Miller judgment. Police Scotland appears to have done so from 1 April, but it took it another five weeks to update its policy and tell anyone that it was changing. Only then was its website updated. Although that change is welcome, what will happen to all the non-crime hate incidents that were recorded under the old policy, which Police Scotland has tacitly accepted was unlawful?

I reassure Mr Fraser that I have discussed the matter not only with the chief constable; I have also taken the opportunity to discuss it at length with Martyn Evans, the chair of the Scottish Police Authority board, because the SPA has a crucial role in scrutinising Police Scotland operational matters.

Obviously, I take very seriously concerns that are expressed in the chamber. I do not think that Police Scotland would have the same interpretation of what is lawful or unlawful as Mr Fraser has articulated but, given that the detail of the policy is firmly located in an operational space, I will ask the chief constable or the chair of the SPA to reply directly to Mr Fraser on that point.