Prosecutors ditch football bigotry law even before MSPs
PROSECUTORS have already ditched legislation aimed at tackling bigotry in football – before it is officially repealed.
Scotland’s senior law officer has told them to stop using the Offensive Behaviour at Football Act.
Lord Advocate James Wolffe updated guidelines earlier this month to instruct the Crown Office and Procurator Fiscal Service (COPFS) to use pre-existing statutory offences or common law, such as breach of the peace.
Labour MSP James Kelly, who has tabled a private member’s Bill to repeal the Act, called the move a ‘significant development’.
MSPs will take a final vote on whether to repeal the legislation today, with a majority set to vote in favour of repeal. The SNP is the only party in favour of retention.
In his guidance, the Lord Advocate said: ‘Criminal offences comprogress mitted at, or in connection with, football, which may previously have been reported using Section 1 or Section 6 of the 2012 Act, should be assessed in terms of other existing alternative common law or statutory offences and, where there is a prima facie sufficiency of evidence, reported using those alternative offences.’
None of the six people arrested at Sunday’s Old Firm clash in Glasgow was held under the Act.
The move to stop using the legislation will be seized upon by its opponents, who will point out it has been deemed effectively unnecessary by the Lord Advocate.
A Crown Office spokesman said: ‘COPFS deals with every report received on its individual facts and circumstances and will take action where there is sufficient evidence and it is in the public interest to do so.
‘COPFS have reviewed and amended internal prosecution guidance and the published Lord Advocate’s guidelines, given the of the Offensive Behaviour at Football and Threatening Communications Repeal Bill through the Scottish parliament.’
Mr Kelly said: ‘Repeal of the Act does not mean people behaving in a criminal manner will be let off.
‘If anything, it will clear up the legal process and end the injustices caused by the illiberal basis of the Football Act.
‘There will be no gap in the law as a result of repeal, so the challenge for the Scottish Government now is to set out how they will make progress in actually tackling sectarianism.
‘While ministers have desperately defended this broken law, they have cut funding for antisectarianism initiatives – investing in education must be the way forward.’
A Scottish Government spokesman said: ‘Prosecution policy and guidelines are a matter for the Lord Advocate and the COPFS.
‘However, we remain concerned at potential gaps in the law if repeal goes ahead and believe repeal will compromise the ability of police and prosecutors to charge people for unacceptable behaviour at football.’
Speaking ahead of the debate, Community Safety and Legal Affairs Minister Annabelle Ewing said: ‘Repeal will compromise the ability of police and prosecutors to charge people for unacceptable behaviour. Those supporting repeal have failed to recognise how removing legislation designed to protect vulnerable and minority communities will have a negative impact.
‘If, as expected, the Act is repealed, I believe it will be seen as a poor decision by our parliament.’
‘It will clear up the legal process’