Legal chiefs brand controversial Offensive Behaviour at Football Act a waste of time

LEGAL chiefs have branded a controversial law aimed at curbing sectarian behaviour related to football matches a waste of time.

Analysis by the Law Society of Scotland claims the 287 Scots fans charged with offensive behaviour last year could have been dealt with under existing laws.

The trade body for Scotland’s 11,000 solicitors said that if this is the case then “it follows that the 2012 Act has not been fundamental to tackling sectarianism”.

Labour is currently piloting a Bill through Holyrood which would repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act which came about following a 2011 Old Firm so-called “shame game”.

The Law Society comments come as Celtic Football Club reiterated its opposition to the law, raising concerns that its supporters are being “targeted” by police.

A 12,000-strong survey by Supporters Direct Scotland (SDS) also found 74% of fans who responded feel the Act should be repealed.

Victim Support Scotland and Police Scotland support the legislation and the Scottish Government has warned scrapping the Act would send “the wrong signal to both football and wider society”.

But Labour MSP James Kelly, whose private members’ Bill aims to repeal the controversial law, said: “Football fans, judges and academics have all opposed the law – and now lawyers themselves are making clear to the SNP that it is utterly pointless.

“It is increasingly clear that this law has done nothing but break down trust between fans and the police.”

The Law Society submission to Holyrood takes no view on the issue of repealing the Act but states the organisation is of the view “that offensive behaviour related to public disorder is likely to be caught by the substantive criminal law which was in existence prior to the 2012 Act and remains in force now.

“In 2015/16, 287 charges were brought under Section 1 [offensive behaviour at regulated football matches] of the 2012 Act and we are of the view that all of them could have been prosecuted under pre-existing legislation.

“If all charges brought under the 2012 Act could have been charged under the existing common law or various existing statutory provisions then it follows that the 2012 Act has not been fundamental to tackling sectarianism.”

The Celtic Football Club response states: “The legislation criminalises individuals by virtue of being football supporters. This discriminates against football supporters.

“Concerns were also raised regarding the perception that Celtic supporters were being targeted.”

Fans raised issues with the club such as supporters’ buses being stopped more regularly for searches, police searches being “heavier” and young children being searched.

In November last year Labour, Liberal Democrat and Green MSPs united to back a motion calling for the repeal of the Act by 64 votes to 63, inflicting a symbolic defeat on the Scottish Government.

This means if Mr Kelly’s Bill makes it to the final stage in Holyrood then the SNP are facing a defeat.

However, it is expected the Scottish Government will put forward some sort of compromise before this happened.

A Scottish Government spokesman said: “As groups representing victims and equalities campaigners have also indicated, repealing it would send entirely the wrong signal to both football and wider society.

“The Act strengthens the law and allows for a more effective response by police and prosecutors to an issue which many appear resigned to accept as the status quo.”