BOTCH OF THE DAY Researchers claim anti-bigotry law was knee-jerk reaction
The controversial Offensive Behaviour at Footba l l and Thr e a ten ing Communications Act was a “knee-jerk response to a complex and contested social problem”, according to academics.
Researchers at Glasgow University said the law – dropped in 2018 – demonstrated a lack of understanding about sectarianism.
The s t ud y – published in the journal Criminology and Criminal Justice – also said it showed Scotland was not as “socially progressive” towards justice as many pol iticians claimed.
The resea rch, authored by Dr Maureen McBride of the university’s educat ion department, found: “The OBTC Act reveals the inconsi s t encies that have beset the SNP- led Scottish G o v e r nme n t ’ s cr iminal just ice agenda.
“The r u sh to legislate over sectarianism symbolised the misplaced optimism that lessons had been learned from previous knee-jerk ‘tough on crime’ approaches to criminal justice.
“The speed at which the Government was willing and able to respond to the problem – compared to other social issues – suggests that working- class football supporters were considered ‘ easy targets’.” It concluded: “Sectarianism will continue to dominate media and political discourse, and it is important that politicians and policymakers refrain from using this issue as a means of political point-scoring.
“This only undermines genuine grassroots efforts to tackle the problem.
“Relatedly, ant i- sectar ianism measures – whether through legislation or via ‘softer’ policies such as education or community programmes – should be underpinnednned by a theoretically sound understandinganding of the phenomenon,phenomenon its historical context and how it manifests itself in contemporary society.
“In Scotland and beyond, lessons can be learned from the case study of the OBTC Act as a knee-jerk response to a complex and contested social problem.”
Dr McBride said: “Scotland has an international image of being socially progressive on justice – things like a l - Meg rahi being released on compassionate grounds. However, this law was anything but.”
The law was introduced by the thenmajority SNP government in 2012 in a bid to crack down on sectarianism.
It followed a number of incidents at matches including the so- called “shame game” Celtic v Rangers match at Parkhead in March 2011.
Critics said it treated football fans as “second-class citizens” and authorities already had sufficient powers to deal with offensive behaviour.
It was eventually repealed in 2018. Sean McHugh, of the Fans Against Criminalisation group that campaigned to dropd the legislation, waswa banned for a seasonsea of Hamilton AcademicalAca matches afterafte being charged underund the act. He was clearedclea of all charges in 2015.20
He said: “It’s always been my view that the way to discourage sectarsecta ianism i s to do thisth within our c l a s s r o oms and commucommunity groups.
“The legislation never once sset out to stop sectariasectarianism. It sought to demonidemonise working- class men and women going to watch foofootball.” TheScottishGovernTheScottishGovernment said: “As was made repeatedly clear, legislation was only one strand of our work to tackle sectarianism.
“Sectarianism remains a real problem in Scotland, which is why we have invested more than £14.5million over the last 12 years to support more than 100 anti-sectarianism projects.
“This work has always had a strong focus on working with children, young people and adults in schools, workplaces and communities.”