Offensive Behaviour Act divides groups

Equalities groups are split on proposals to repeal a controversial law aimed at tackling sectarianism at football and online abuse.

Labour’s James Kelly has lodged a Member’s Bill to repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act, claiming it has “broken down trust between fans and police”.

The Scottish Government used its majority to introduce the law in 2012 but it has faced criticism from political opponents and legal figures and suffered a symbolic defeat last year when Tory, Labour, Liberal Democrat and Green MSPs backed a motion calling for its repeal.

Supporters of the legislation claim it deters people from offensive behaviour such as singing sectarian songs.

Giving evidence to Holyrood’s Justice Committee representatives from LGBT rights group Stonewall Scotland, the Scottish Disabled Supporters’ Association (SDSA) and community justice organisation Sacro backed postponing any reform of the act until the outcome of an ongoing independent hate crime review.

However Danny Boyle, Parliamentary and Policy Officer at Black and Ethnic Minority Infrastructure in Scotland, told the committee the law should be repealed “immediately” citing concerns over human rights.

He said it does not “appropriately or effectively tackle hate crime in Scotland” and hate crimes covered in the act were already covered by previous legislation.

He said: “It creates a disproportionate focus on one section of society when the overwhelming majority of hate crime is taking place somewhere else.”

Sacro chief executive Tom Halpin also raised concerns about the “disproportionate” targeting of one group of people.

Stonewall Scotland director Colin Macfarlane said the act should be reviewed but repealing it would be “damaging” to LGBT people.

He said he was “terrified” to attend football with his father as a boy since he feared hearing homophobic abuse.

Sandy Riach, SDSA vicechairman, said many disabled people going to football games are still “scared” and legislation is needed to keep them safe.

The Scottish Government has found itself in a ridiculous and needless mess over its Offensive Behaviour at Football Act. As is so often the case, the Act’s intentions were noble — an upsurge in incidents in and around football grounds had provoked high-profile public outrage and calls were made for a crackdown.

But legislators ignored legal advice and introduced a raft of rules which threatened to demonise all football fans, rather than targeting the offenders.

Much of the legislation made sense — for example, it attempted to fill a gap relating to communications intended to incite religious hatred but poor drafting undermined even these gains. What has been left is confusing and discriminatory. Groups protecting the rights of marginalised sections of society are keen to keep it on the statute books and are absolutely right to keep up the pressure for improvements in behaviour in any way they can. But the laws must be properly drafted and fair. No one is pretending football operates in a law-abiding utopia but the vast majority of fans engage their passion in a lawful manner.

To threaten them with sanctions which are stricter than others would face merely because they are wearing their team’s shirt or in the curtilage of a football ground is draconian and repeal must be properly examined.

Labour MSP James Kelly.