A REPORTED police warning offered to a director of For Women Scotland over an incident involving an umbrella is a "threat to free speech", a Tory MSP has claimed.
Susan Smith was allegedly told she will face a charge of minor vandalism if she declines the recorded warning.
It came after an incident at a For Women Scotland protest outside the Scottish Parliament on September 4.
Smith was involved in a confrontation with a counter-protester who was playing loud music – Kate Nash’s song Germ – on repeat, behind the rally.
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The counter-protester is understood to be involved in Cabaret Against The Hate Speech, a Scottish LGBT collective. It is understood this led to Smith being accused of damaging a rainbow-coloured umbrella which belonged to the counter-protester.
Video footage of the alleged incident shows the counter-protestor repeatedly moving the umbrella in front of Smith as she appears to be attempting to interact with them.
And on Thursday, two Scottish Tory MSPs raised the issue in the Scottish Parliament. First, Tess White, MSP for North East Scotland, raised the issue at FMQs.
“Police Scotland have ordered a director For Women Scotland to attend a police station to face vandalism charges over a complaint about a broken umbrella,” she told the chamber.
“If she does not attend, she could be banned from Holyrood, a parliament that is supposed to represent her too, and the optics, First Minister, of this for the Scottish Government are terrible.
“To many people, this looks like a threat to free speech and an attempt to silence criticism, silence women and intimidate this particular organisation.
“Who is protecting who here First Minister?
“Does the First Minister agree the police should be focused on much more serious incidents than a broken umbrella, and does he think Susan Smith should receive an immediate apology?”
John Swinney responded that he does “believe in free speech” and that it should be “protected at all times in our society”.
“I understand from media reports that, and also from the contents of Tess White's question, that this is an issue which actively involves Police Scotland, and it would be inappropriate of me to comment on a case that is under active engagement with Police Scotland,” he said.
Swinney added: “If I was to do that on a habitual basis, I think there'd be lots of members of parliament complaining about me doing so.”
At the end of First Minister’s Questions, Tory MSP Rachael Hamilton raised what she claimed was a point of order over the issue.
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Hamilton told the chamber: “Video evidence from a peaceful protest held outside this Parliament on September 4 at which I spoke and my colleagues spoke, shows clearly that there is no evidence of criminality, ie vandalism towards an individual who played loud music to drown out the voices of women peacefully protesting and calling for the Scottish Government to adhere to the Supreme Court judgment on the biological sex.”
Hamilton said that the public “must be reassured of their democratic rights and the freedom of speech is valued by this parliament, the Scottish Government and Police Scotland”.
The Ettrick, Roxburgh, and Berwickshire MSP added: “I ask what mechanisms there are to understand if Police Scotland have had conversations with ministers regarding this incident on the parliamentary estate, and also which led to it being reviewed.
“Finally, does the Presiding Officer believe that all protests are equal and deserve to be safely facilitated, or is it just ones that suit?”
Following groans from the SNP benches, Presiding Officer Alison Johnstone responded: “Ms Hamilton will be aware that the comments that the member has just put on the record are not, in fact, a point of order.”
It comes after former Scottish Tory leader Douglas Ross said on social media that his request for an urgent question on the issue had been rejected by the Presiding Officer.
On Wednesday evening, Police Scotland said they are reviewing their response to the protest, which includes “the complaint of an umbrella being damaged”.
The force said a final decision on the outcome of that complaint would not be taken until the review is complete, but has not directly commented on any action against Smith.
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