MSP in bid to scrap ‘unfair’ football laws Act has done nothing to tackle sectarianism

A Labour MSP aiming to scrap “unfair” anti-sectarian laws believes he has a good chance of success now the SNP has lost its majority at Holyrood.

Glasgow MSP James Kelly has formally launched a proposal for a Bill to repeal the controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Act.

The legislation was “bulldozed” through the Scottish Parliament but has “needlessly criminalised football fans and done nothing to tackle sectarianism”, he claimed.

The Act, which came into force in 2012, criminalises behaviour which is “threatening, hateful or otherwise offensive at a regulated football match including offensive singing or chanting”.

In 2015-16, 287 charges were brought under the part of the law which deals with fans singing sectarian songs or chanting slogans at or around matches – a rise of 49% from the previous year.

The Scottish Government has insisted that “repealing the Act in the absence of a viable alternative is not an option” for ministers.

But Mr Kelly, who has set up a new, non-political website for fans and others to have their say, said: “I think the Act is unfair, it targets football fans, it’s caused division between police and supporters and it’s caused a lot of confusion, particularly amongst judges who have criticised the Act.

“I’ve spoken to innocent football fans who have never in their lives had any dealings with the police, who find themselves getting filmed going into grounds, getting frisked going into grounds.”

Mr Kelly said the way to stamp out aggressive behaviour is to “reinforce existing legislation around breach of the peace and assaults for example”.

With the Tories, Liberal Democrats and Greens having spoken out in the past against the legislation, Mr Kelly said he is “looking forward to having positive discussions with MSPs from other parties” about his proposed Bill.

But a Scottish Government spokeswoman said: “The Act sends out a clear message that Scotland will not tolerate any form of prejudice, discrimination or hate crime, and it gives police and prosecutors an additional tool to tackle this behaviour.

“The Scottish Government has made it clear that we are willing to discuss how any legitimate concerns about the Act can be addressed.”

Labour’s James Kelly claims the existing legislation has criminalised football fans.