Scottish Daily Mail

Prosecutor­s ditch football bigotry law even before MSPs

- By Graham Grant Home Affairs Editor

PROSECUTOR­S have already ditched legislatio­n aimed at tackling bigotry in football – before it is officially repealed.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’

 ??  ?? Sectarian divide: The Football Act has been heavily criticised
Sectarian divide: The Football Act has been heavily criticised

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