Campaigner group Nil by Mouth says the act has been a "distraction" as Labour MSP calls for it to be repealed
A charity set up in response to the sectarian murder of a teenage Celtic fan 21 years ago has said a law designed to reduce sectarian incidents has not solved the problem.
Speaking after Labour MSP James Kelly officially lodged a proposal for a bill to repeal Scotland's Offensive Behaviour at Football Act, charity Nil by Mouth said the law had been a distraction from implementing better ways to tackle sectarianism.
The charity was set up by Cara Henderson after her friend Mark Scott was killed walking home from a football match in 1995. Its campaign director, Dave Scott, who did not support the introduction of the act, says instead clubs should be held responsible for badly behaved fans in a scheme similar to European football’s governing body UEFA's Strict Liability rule.
Under the rule clubs are fined for the poor behaviour of supporters in their stadium and in some cases punishment involves closing sections of or all of a ground.
“This (act) has been a contentious piece of legislation and in many ways it's been a distraction from the debate we really need to have – which is on Scottish football adopting UEFA's Strict Liability principles into the game,” said Scott.
This act has been a contentious piece of legislation and in many ways it's been a distraction from the debate we really need to have
“Scottish football has failed to manage its environment for decades on sectarianism, with a club yet to be docked a point or a pound for repeated instances of sectarian abuse from elements of their support.
“Compare this with the tough sanctions they face when they compete in UEFA competitions, where the governing body dishes out fines and sanctions when required.
“We would hope that both those who support and oppose the act can get behind our campaign to have these European standards introduced into the game and help force Scottish football into the 21st century.''
The act has been condemned far and wide since it was implemented in 2012.
Football supporters groups often claim it sees them unfairly victimised because less than a third of all arrests linked to sectarianism are football related.
And, famously Sheriff Richard Davidson described the act as “horribly drafted” and “mince” when he aquitted a Celtic supporter who had been charged with singing pro-IRA songs at a football match in Dundee.
Labour's Kelly has also launched a non-party campaign website and said the act has damaged trust between football fans and the police without doing anything to combat sectarianism and intolerance.
“Sectarianism in Scotland has existed for hundreds of years but the government's approach was to try and fix it in 90 minutes,” he added.
“The SNP arrogantly bulldozed this piece of legislation through. It was the first law passed by Holyrood without any cross-party support. Opposition parties, supporters groups, legal experts and academics opposed it.
“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.
“My consultation will seek the views of people from all across Scotland. The way to tackle sectarianism is by consensus.”
A recent Scottish Government report into the act showed that the number of charges relating to it increased by 49% in 2015/16 with 287 charges reported. At the time of its publication there had only been 73 convictions.
A Scottish Government spokeswoman said: “The act sends out a clear message that Scotland will not tolerate any form of prejudice, discrimination or hate crime, and it gives police and prosecutors an additional tool to tackle this behaviour.
“The Scottish Government has made it clear that we are willing to discuss how any legitimate concerns about the Act can be addressed. Repealing the act in the absence of a viable alternative is not an option.”
