MSPs have backed pleas for the repeal of the Offensive Behaviour at Football Act
Charities have called for the authorities to work with football clubs to ensure that abuse is treated seriously within the Scottish game.
Holyrood’s justice committee voted this week to recommend the repeal of the Offensive Behaviour at Football Act.
Many football fans claimed they are unfairly targeted by the legislation, and that there is an inconsistency in prosecuting those deemed to have behaved inappropriately.
A vote on the repeal – proposed by Labour MSP James Kelly – will take place next week. Six MSPs on the committee recommended the bill should be scrapped altogether, whilst five SNP members opposed the repeal but recommended that constructive amendments be brought forward.
Charities who fight hate crime in Scotland have said that clubs and the authorities need to work together to tackle abuse - whether the act is in place or not.
Nil by Mouth campaign director Dave Scott said that the country needs to get serious about tackling unacceptable behaviour in football.
He said: “This has been a very controversial piece of legislation and if the parliament chooses to repeal it then it’s important that people don’t view this as a green light to indulge in sectarian or racist behaviour at football matches. Individuals can – and will - still be prosecuted under other laws for this type of hatred.
“It’s also important that we remember that just as passing this act hasn’t made the problem go away nor will repealing it cause it to disappear.
“We still see hundreds, indeed sometimes thousands, of people spouting bile at matches and if we are serious about tackling this problem we need to introduce UEFA’s strict liability guidelines, which see clubs held directly responsible for their repeated failure to tackle this type of bigotry and hit with financial and sporting sanctions if they fail to get tough on the problem.”
Sophie Bridger, campaigns, policy and research manager at Stonewall, also called for work to be done to tackle abuse in football.
“While not perfect, this law offered protection against anti LGBT abuse in football and repealing it without a replacement could damage LGBT people’s confidence in the law and in football,” she said.
“The Scottish Government must work with the SFA and SPFL to make sure LGBT people feel safe at games, and to tackle anti LGBT abuse in football. “
Kelly said: “From day one, the Scottish Government pushed through this botched legislation to make it look like ministers were taking action on sectarianism, despite it being made crystal clear at the time that the football act was not a viable law.
“The unfortunate reality is the football act has completely failed to do anything ministers promised. Its only achievement is breaking down trust between fans and the police.”
However the Scottish Government has reiterated that it does not want the act repealed, as it would see Scotland take a step backwards in tackling hate crime.
Minister for community safety and legal affairs Annabelle Ewing said: "Singing songs about terrorism, mocking incidents involving loss of life and being hateful towards some of our most vulnerable communities with no regard for the impact of their wilful behaviours is not acceptable in a modern Scotland."
