PROPOSALS for a legal crackdown on disorder and sectarian behaviour at football matches are to be unveiled in Holyrood in the coming weeks.
The SNP’s James Dornan is to unveil a Member’s Bill to bring in strict liability legislation in a fresh bid to tackle hooliganism following incidents of missile throwing as well as misconduct and chanting in stands in recent weeks.
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The Glasgow Cathcart MSP shelved a previous attempt to bring a new law ahead of the publication of the Bracadale Report into hate crime in May last year.
Senior judge Lord Bracadale concluded that new laws to tackle offensive behaviour at Scottish football matches were not needed and that football hate crime could effectively be dealt with using existing laws – for example breach of the peace.
But Dornan has decided to bring back a revised version of his bill following a spate of incidents in recent weeks in Scottish football grounds.
“The strict liability bill is in the non-governmental bills unit at the Scottish Parliament getting prepared for consultation. It should be ready in the near future, after the Easter recess,” he told the Sunday National.
“The bill is still about strict liability but the main difference between this one and the last is about the method of how we hold clubs to account, that would be by using a licensing system with sanctions ranging from fines, playing games behind closed doors to ground closures with home games having to be played elsewhere.”
He added: “I have had a number of discussions with ministers. The Cabinet Secretary Humza Yousaf said quite firmly the other week if Scottish football is not wanting to take on strict liability regulations, then it may well be left to the Government or Parliament to act – and that’s exactly what I’m doing.”
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Strict liability is when a club is held responsible for the conduct of its fans rather than the individual supporter. The principle is already applied in European and international football, where Scottish teams face increased scrutiny. But it has yet to be introduced in Scotland.
Last week a BBC survey found just three clubs out of the 42 league sides in Scotland backed the football authorities bringing in strict liability rules for clubs.
Will Kerr, a former Assistant Chief Constable of the PSNI – now Police Scotland’s deputy chief constable – recently expressed shock at the “almost visceral” level of sectarianism in Scottish football.
He said incidents included a flare being thrown at a police horse, officers being pulled from horses and others being spat at and attacked.
He told a Scottish Police Authority board meeting: “The vast majority of fans who go to these football matches do so entirely peacefully and just want to enjoy the wonderful spectacle that is Scottish football. But what I’ve been surprised at over the last six months, particularly when it comes to behaviour at football matches, has been two things.
“One has been the level of sectarianism on display, and I say that having policed in Northern Ireland for nearly 30 years. I’ve been surprised at how much it is seen as normal... it feels almost visceral in a way I haven’t experienced for quite a while.”
Dornan said: “I have thought for a while I needed to bring the bill back, but the urgency was clear when we saw some of the incidents over recent weeks. It doesn’t surprise me that clubs did not want to take it on. I think there is an attitude of closing their eyes and hoping it goes away.”
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