Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012

Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012
Act of the Scottish Parliament
Long title An Act of the Scottish Parliament to create offences concerning offensive behaviour in relation to certain football matches, and concerning the communication of certain threatening material.
Citation asp 1
Introduced by Kenny MacAskill
Territorial extent Scotland
Dates
Royal assent 19 January 2012
Repealed 19 April 2018
Other legislation
Repealed by Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018
Status: Repealed
History of passage through Parliament
Text of statute as originally enacted

The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 was an Act of the Scottish Parliament which created new criminal offences concerning sectarian behaviour at football games. The Act was repealed on 20 April 2018.[1]

The legislation was introduced by the governing Scottish National Party and passed by MSPs by 64 votes to 57 without any opposition support. Labour, the Tories, Lib Dems and the Scottish Greens said the bill was "railroaded" through by the SNP.[2] The Scottish Government faced calls for an early review into how the legislation operated.[3]

A drive to repeal the Act which began in 2017 was successful, removing it from the statute books in April 2018.[4]

Controversy

The Offensive Behaviour Act has been challenged on the grounds that it compromises the principle of free speech. In June 2013, The Herald described it as "knee-jerk legislation" which needed to be revisited, arguing that "Scotland cannot arrest its way out of sectarianism".[5] Fans groups have also raised concerns about the law.[3]

In December 2014, MSPs met with representatives from Fans Against Criminalisation (FAC), an organisation that campaigns against the Offensive Behaviour Act. The meeting came after an incident where a football fan wearing a "Free Palestine" T-shirt was questioned by police at Tynecastle. Defending the legislation, SNP MSP John Mason told FAC he believes fans wearing "Yes" badges at football matches should also be susceptible to police action.[6]

At their annual conference in 2014, the Scottish Socialist Party backed calls for the Offensive Behaviour Act to be repealed immediately.[7][8]

Public support

Opinion polling conducted by Panelbase and YouGov consistently suggests that a clear majority of Scottish voters support the Act and its provisions. In May 2015, 60% of all respondents said they supported the Act – including 59% of self-identified "Rangers fans" and 64% of self-identified "Celtic fans" – with only 14% wanting it to be abolished.[9]

Repeal

Labour MSP James Kelly introduced the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill on 21 June 2017. Kelly had described the 2012 legislation as having "completely failed to tackle sectarianism" and as "illiberal" which "unfairly targets football fans", and was "condemned by legal experts, human rights organisations and equality groups".[10] Professor Sir Tom Devine previously spoke of the Football Act as "the most illiberal and counterproductive act passed by our young Parliament to date" and a "stain on the reputation of the Scottish legal system for fair dealing".[11] Much was made of when a Sheriff described the law as "mince".[12]

After passing Stage 1 on 25 January 2018,[13] Stage 2 on 27 February and Stage 3 on 15 March,[4] the bill received royal assent on 19 April, repealing the 2012 Act.[14]

References

  1. ↑ http://www.legislation.gov.uk/asp/2018/7/contents/enacted
  2. ↑ "Anti-bigot laws passed by the Scottish Parliament". BBC News. 14 December 2011. Retrieved 5 December 2014.
  3. 1 2 "Anti-sectarian football legislation could face early review". BBC News. 5 November 2013. Retrieved 5 December 2014.
  4. 1 2 "MSPs vote to repeal football bigotry law". BBC News. 15 March 2018. Retrieved 17 March 2018.
  5. ↑ "It is time to review sectarian legislation". The Herald. 21 June 2013. Retrieved 5 December 2014.
  6. ↑ "SNP MSP: Football fans with 'Yes' badges susceptible to police action". STV News. 4 December 2014. Retrieved 5 December 2014.
  7. ↑ Bollan, Jim (5 December 2014). "Socialist Stance". Lennox Herald. p. 26.
  8. ↑ Nichols, Dick (29 October 2014). "Spirited Scottish Socialist Party conference tackles post-referendum challenges". Retrieved 17 November 2014.
  9. ↑ http://wingsoverscotland.com/how-the-north-was-lost/
  10. ↑ "Official Report - 25 January 2018". Scottish Parliament.
  11. ↑ "Sheriff who called SNP's anti-bigotry law 'mince' steps down from bench after 27 years". Daily Record.
  12. ↑ Kelly, James. "Why the SNP must scrap the act". ScrapTheAct. Retrieved 17 February 2018.
  13. ↑ "Football Act repeal bid passes first vote". BBC News. 25 January 2018. Retrieved 29 January 2018.
  14. ↑ "Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill". www.parliament.scot. Retrieved 2018-08-06.
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