Police warning over plan to scrap Football Act
● Repeal could make it harder to prosecute over offensive songs
Football fans who sing songs about proscribed organisa - tions such as the IRA and the Ulster Volunteer Force could escape prosecution if controversial legislation is repealed, according to police.
Police Scotland said prob - lems created by scrapping the Offensive Behaviour at Football Act would not be “insurmountable”.
But the force warned reverting to older legislation was likely to mean those who sing offensive songs linked to the Troubles in Northern Ireland were likely to go unpunished.
It said the use of police cordons outside games, known as “kettling”, would continue even if the act disappeared from the statute book.
The Scottish Parliament’ s justice committee is consulting on legislation which would repeal the act brought in after
0 Celtic fans arrive for the home league match against Rangers last September – fan groups of both clubs back repeal of the act the Old Firm “shame game” between Celtic and Rangers in 2011. Opposition parties have united behind a bid by Labour’s James Kelly to scrap the legislation.
Supporters’ group the Celtic Trust and Rangers fans’ shareholder group Club 1872 are among those backing repeal.
However, the Scottish Government argues that the act gives police and prosecutors the power to tackle offensive and threatening behaviour in and around grounds.
In a submission to the justice committee, Assistant Chief Constable Bernard Higgins said :“In relation to theproposed repeal of the act, PoliceScotland recognises that repeal presents challenges but it is not believed any of these challenges are insurmountable from a policing perspective.
“For criminal behaviour which is overtly prejudiced in terms of race, religion, disability, sexual orientation or transgender identity, alternative provisions exist and, in the event of repeal, Police Scotland would revert to utilising existing legislation to ensure any perpetrator within a football environment is dealt with in a robust manner.”
But he said some behaviour could be “beyond the reach” of older legislation should the 2012 act be repealed.
He added :“For example, some of t he offensive songs which make reference to proscribed organisations and which are currently reported to Police Scotland under section 1 of the act were not tested under the legislation which predates the act.”
The now defunct Association of Chief Police Officers in Scotland previously warned that, while older legislation such as the 2003 Criminal Justice( Scotland) Act could tackle religious prejudice, it was “ill- suited to address the political sectarianism that is such a characteristic of Old Firm animosity”.