MSP launches bid to scrap Offensive Behaviour at Football Act

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A Labour MSP has formally lodged proposals to scrap the Offensive Behaviour at Football Act.

James Kelly said the "illiberal" law was "flawed on several levels" and had damaged trust between police and football fans.

All four of Holyrood's opposition parties pledged to repeal the act in their election manifestos.

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However, the Scottish Government insists it has "delivered real improvements" in tackling sectarianism.

With the SNP a minority administration, there is a majority in the Holyrood chamber which would back repealing the act.

The legislation was introduced in 2012 in an attempt to crack down on sectarianism and other football-related offences, but critics say there is already sufficient legislation in place to deal with such crimes.

A report published earlier this year showed there were only 79 convictions in 2014/15 under the legislation, with the Scottish Conservatives saying the figures demonstrated the law was "unnecessary and unworkable".

The Scottish government's Criminal Proceedings in Scotland 2014/15 report stated: "The (2012) Act criminalises behaviour which is threatening, hateful or otherwise offensive at a regulated football match including offensive singing or chanting.

"It also criminalises the communication of threats of serious violence and threats intended to incite religious hatred, whether sent through the post or posted on the internet.

"Numbers are very small (79 convictions in 2014-15) in comparison to the crime type, breach of the peace (15,580 convictions) which they fall into, making up around less than 1%."
here have been a total of 231 convictions since the law was enacted.

Kelly, a longtime critic of the legislation, said the SNP had "arrogantly bulldozed" it through without any cross-party support.

Launching a consultation as the first step towards scrapping the act, the Glasgow MSP said he had the backing of opposition parties, supporters groups, legal experts and academics.

He said: "The SNP's football act has damaged trust between football fans and the police without doing anything to combat sectarianism and intolerance in our country.

"Sectarianism in Scotland has existed for hundreds of years but the government's approach was to try and fix it in 90 minutes.

"Now the SNP have lost their majority in the Scottish Parliament we can scrap the Football Act and get real about tackling sectarianism off the pitch, in our classrooms and communities."

First Minister Nicola Sturgeon said she would listen to concerns about the legislation, but said it was a "strange priority for opposition parties to almost have as their first objective to get rid of legislation which is about tackling sectarianism".

The Scottish government has insisted that the act has "delivered real improvements", with a spokeswoman claiming polls had shown 80% of Scots backing the law.