Tom Harlow from Cabaret Against Hate blasted songs including Lily Allen’s F** You and a Kate Nash track referring to gender-critical activists as “germs”.
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Last Thursday’s rally, timed to coincide with First Minister’s Questions, was called by FWS to demand Scottish ministers implement the UK Supreme Court’s April ruling that the terms “sex” and “woman” in the Equality Act 2010 refer to biological sex.
Despite accepting the judgment, ministers have said they will await updated guidance from the Equality and Human Rights Commission before instructing schools, prisons and other public bodies. The EHRC has warned the Scottish Government not to delay.
FWS had given the Scottish Government 21 days to remove guidance on schools and prisons.
The government did not comply, and the group has now lodged a summons at the Court of Session. Ministers have seven days to respond from Wednesday.
Police speaking to Mr Harlow (Image: Jane Barlow/PA)
Douglas Ross said the police response to a counter protester had facilitated “controlling and intimidating behaviour” and called for a public apology to the group.
“Instead of dealing with the problem, it looked like the police assembled a protective cordon around this individual to allow him to disrupt an organised rally that was trying to get a message across to this government.
“There was controlling and intimidating behaviour by one individual against those at the rally — and it was facilitated by the police.”
He asked if the Scottish Parliamentary Corporate Body (SPCB) — which is responsible for the running of Holyrood — agreed there should be “a full statement from Chief Constable Jo Farrell, who has been silent on this issue — and at the very least, there should be an apology from Police Scotland to For Women Scotland”.
Responding on behalf of the SPCB, Labour MSP Claire Baker stressed that responsibility for security outside the building rests with Police Scotland.
“I understand the strong feelings around this issue, and the member has outlined his understanding of what happened outside. Ir is for the police to interpret that behaviour, and the issues raised are better directed to the police.
“The Parliament is responsible for security inside the building, but once outside, it is the police who make decisions and have to deal with protests.
“It is helpful if organisations let us know they are having protests, and For Women Scotland did let us know, and that was helpful. But once the event takes place outside, it is the police’s responsibility and their decision-making.”
Dame Jackie Baillie, Scottish Labour’s deputy leader, said the incident highlighted failings in how protests were managed outside Holyrood.
“The actions of one individual were designed to provoke and disrupt. He was literally trying to drown out the For Women Scotland rally and the voices of women who came to their Parliament.
“The decibel level of the music played will have breached environmental health standards. I can assure the corporate body that the volume was being turned up, not down.
“So can I therefore ask the corporate body not just to meet with Police Scotland, but also to meet with Edinburgh City Council so protocols can be agreed to stop a repeat of this anti-social behaviour from this individual?”
Ms Baker said again that it was for the police “to make decisions outside the building”.
“The debrief reported that the police made a request for the music to be turned down, and that this was complied with. I myself was not outside the building. That is the information we have from the police,” she added.
“There is always a balance to be made outside Parliament. We are an open, inclusive Parliament, and at time there will be protests and counter-protests… It is not for us to make a judgment on the issues being raised. It is for us to have a balance, and ensure that people can protest.”
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Conservative MSP Pam Gosal said For Women Scotland had “been treated differently to trans rights activists”.
She said this “gave rise to perceptions of bias about the enforcement of these rules”.
Alba’s Ash Regan said she had personally approached officers on duty to ask for the volume to be reduced but was told “that was not going to be possible”.
“At the same time, there were other protests. Mothers for Palestine were seeking to read out the names of dead babies — a solemn and peaceful act. They were also being drowned out,” she said.
“Both of these groups, mainly women, were subjected to very dangerous noise levels. We recorded them at up to 116 decibels from one man with a sound system who was positioned directly between us all.”
Ms Regan asked why police permitted such proximity and why they had failed to act when safe limits were breached.
Jackie Baillie speaking at the FWS rally (Image: Jane Barlow/PA Wire) Ms Baker said that when Parliament is aware of potential counter-protests, officials advise police to separate groups where possible. “However, once you go outside, it is for the police to decide,” she said. “Unless there is a good reason for them to move somebody, it is their decision.”
A Police Scotland spokesperson said: “Police Scotland is a rights-based organisation and our role is to ensure public safety while balancing the rights of protesters who wish to peacefully demonstrate. We have a duty to ensure the safety of those protesting or counter-protesting alongside minimising any disruption to our communities.
“Police Liaison Officers engaged with all protesters and the music was reduced intermittently and within a time limit.”
It emerged last week that Mr Harlow had also accused FWS director Susan Smith of vandalising his rainbow umbrella during the confrontation.
Video posted by Mr Harlow showed Ms Smith briefly holding the umbrella before walking away.
Mr Harlow alleged harassment and intimidation, while FWS insisted the umbrella was already broken and accused police of investigating “the woman evading attack rather than the aggressive man.”
FWS said Ms Smith had only asked Harlow to respect a nearby pro-Palestinian memorial tent and had sought to deflect the umbrella when it was pushed towards her.
Police Scotland confirmed it had “received a report of vandalism to an umbrella” and inquiries were continuing.