MSP opens move to repeal football sectarianism Act

A Labour MSP has formally launched a proposal for legislation to repeal the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.

James Kelly, a regional member for Glasgow, believes his bill has a chance of becoming law, with the SNP having lost its majority at Holyrood and all opposition parties being against the present legislation.

The 2012 Act was pushed through by the then majority SNP Government as the first measure after it was elected in 2011. Although designed to tackle problems of sectarianism in Scottish football and supported by the then law officers, it has been repeatedly criticised both before and since its enactment as illiberal and failing to tackle sectarianism, as well as on the basis that the police already have sufficient powers to tackle offensive behaviour.

In his consultation Mr Kelly states that although the Scottish Government departed from its original intention to use the Parliament's emergency procedure for the bill, it continues to be argued that the timescale for its passage "did not allow adequate time for proper scrutiny and for civic Scotland to be properly consulted".

The two main provisions of the Act are s 1, covering offensive behavious "in relation to a regulated football match", and s 6, covering threatening communications – those threatening violence or intending to stir up religious hatred. Between 193 and 287 charges have been brought under s 1 in each full year since the Act came into force, but the number under s 6 has been in single figures for the last two years.

Aspects of the drafting of the Act have been criticised judicially, and a survey of football supporters carried out as part of an evaluation study found that a majority believed the Act had made no difference either to the frequency of threats of violence or the incidence of incitement of religious hatred in football fan forums and elsewhere; fewer than 20% believed it had contributed to a reduction of either type of behaviour, and some thought it had led to an increase.

Mr Kelly also comments: "The inconsistent application of the Act has been particularly notable, fuelling a concern amongst interested parties that the Act is not delivering fair justice in a reliable or effective fashion."

His paper separately asks whether respondents are in favour of repealing the two sets of provisions in the Act, along with whether football clubs should be penalised for offensive behaviour by their fans, and what transitional measures would need to be included in any repealing legislation.

Click here to view the consultation. Responses should be received by 23 October 2016.