Holyrood expected to scrap Football Act in legislative first

All four opposition parties back Labour MSP James Kelly’s bill to scrap the act, which has been dogged by controversy.

Its detractors say it unfairly targets football fans and was never needed as police and prosecutors already had adequate powers to deal with sectarian behaviour.

They also say the legislation is poorly drafted, leaving the phrase “offensive behaviour” too open to interpretation.

Speaking ahead of the debate for the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, community safety minister Annabelle Ewing said repeal would be “foolhardy”.

She added: “Repeal will compromise the ability of police and prosecutors to charge people for unacceptable behaviour and those supporting repeal have failed to recognise how removing legislation designed to protect vulnerable and minority communities will have a negative impact.

“Repealing the section 6 offence without an alternative puts Scotland behind the rest of the UK in terms of protection against religious hatred and as a responsible government we must take steps to ensure continuity of protection. Those claiming that there would be no gap if the act were to be repealed are simply wrong and no viable alternatives have been offered, despite my repeatedly asking how they would protect vulnerable communities.”

Lord Advocate James Wolffe QC said that, as it was “likely” the act would be scrapped today, offences should be assessed under the common law and other statutes.

Mr Kelly said the Lord Advocate’s decision was a “significant development”.

He added: “Experts have repeatedly told MSPs that existing legislation is in place to deal with sectarian behaviour, as well as common law such a breach of the peace.

“Repeal of the Football Act does not mean that people behaving in a criminal manner will be let off.

“If anything, it will clear up the legal process and end the injustices caused by the illiberal basis of the Football Act.

“There will be no gap in the law as a result of repeal, so the challenge for the Scottish government now is to set out how they will make progress in actually tackling sectarianism.”