HOLYROOD looks set to vote against the SNP’s Offensive Behaviour at Football Act (OBFA), after opposition parties united behind a Labour report damning the law.
The Tories have said they’ll use a debate tomorrow to give MSPs the chance to register a vote against the legislation. With all parties bar the SNP opposing the Act, it seems inevitable parliament will vote against the principles of the law.
Labour MSP James Kelly published the results of his consultation on the OBFA yesterday morning, saying 71 per cent of the 3,248 people responding wanted to repealing the section of the law covering behaviour at football, and 62 per cent wanted the ditch the part covering offensive communications.
Kelly’s consultation, which was self-selecting, is at odds with more methodical research carried out by YouGov for the Scottish Government, which found the act was supported by 80 per cent of Scots.
The Scottish Government said Kelly and Labour were treating football fans with contempt and had to come forward with an effective replacement.
Most responses came from individuals. Celtic were the only club to take part, saying they had “significant concerns” but that they “remain supportive” of the Scottish Government’s commitment to addressing unacceptable behaviour.
Glasgow City Council said it thought the law should be repealed.
LGBT groups Stonewall Scotland and the Equality Network said repealing the act could suggest threatening behaviour at football is acceptable.
Ministers brought the law forward in 2012 after a run of incidents, including 35 arrests and a clash between club managers at an Old Firm game. Despite united opposition, the SNP had a majority and could pass the law. Now the party have 63 of Holyrood’s 129 MSPs.
There were 287 charges reported to prosecutors last year under section 1 of the act, which is aimed at tackling sectarianism and disorder at football.
Charges were from 117 football matches across 29 stadiums in Scotland in 2015/16, up from 193 charges relating to 54 games played at 21 stadiums the year before, an increase of almost 50 per cent.
“The people have had their say, it’s time to scrap the SNP Football Act,” Kelly said as he released the report of his consultation.
“The SNP were arrogant to bulldoze this piece of legislation through Holyrood in the first place. Every other party opposed it.
“Academics, lawyers, football clubs and football fans opposed it, yet the SNP wouldn’t listen and used their then majority in the Scottish Parliament to rail-road the Football Act through.
“Having lost that majority, and faced with clear public support for repeal through the consultation process, it would be incredibly arrogant if the SNP do not now think again.”
A Scottish Government spokeswoman said: “Scotland continues to have a problem with abusive behaviour at football games which tarnishes our national game.
“A hardcore minority is souring the atmosphere for the majority of football supporters and critics of the Act seem to think our only option is just to accept this contempt for fans and players.
“Not one viable alternative to dealing with the unacceptable scenes of violence and abuse we continue to see at matches has been put forward in the entire debate around this law.
“This is not just about sectarianism or language that can be challenged by education programmes – two-thirds of charges under the law in 2015/16 were for threatening behaviour, including physical violence.
“After two full football seasons of the Act being in place, an independent evaluation found that the clear majority of fans condemn abusive behaviour towards people’s religious beliefs.”
Green justice spokesman John Finnie said: “Let’s make legislation which treats everyone equal before the law, otherwise we’re dealing with forms of discrimination by only targeting people who are football fans. This is an unhelpful approach and we’ll be working with MSPs from all parties to ensure that the Act is repealed as quickly as possible.”
Scottish Liberal Democrat justice spokesman Liam McArthur said: “The SNP committed a serious professional foul when they forced this legislation through Parliament, instead of tackling sectarianism head-on.”
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