THE Offensive Behaviour at Football Act should not be replaced unless there are other clear measures implemented in its place, claim Scotland’s equality charities.
The call from the groups came in evidence to Holyrood’s Justice Committee, who launched an inquiry into the Act earlier this year, following campaigning from Labour’s James Kelly to have the law scrapped.
More than 200 fans, charities and campaigners have responded to the committee’s call for evidence, most are not supportive of the anti- sectarian legislation as it exists.
In their poll of football fans, Supporters Direct Scotland claim 74 per cent back repeal. But, they add, a huge 81 per cent of fans think Scottish football has a problem with sectarianism.
In their submission, The Law Society don’t take a position on the legislation being repealed, but say taking it off the statute books would not leave any gap in the law, and that legally there is already legislation tackling sectarianism.
Human rights group Liberty agree saying breach of the peace legislation already exists, and that the Act is an overreach of the Government: “The offences set out in the Act, however, extend the reach of the criminal law too far into the realm of free expression without offering meaningful additional protections”.
However, Victim Support Scotland in their submission, opposed any repeal of the Act unless there was “a viable alternative to support victims of threatening communication and religious prejudice.”
The Equality Network added: “We are very concerned about the potential effects of repealing the Act without other clear measures being implemented in its place.”
Kelly said it would be difficult to see how the SNP could “continue to defend this condemned legislation”.
“The Football Act was a PR stunt pulled by a government abusing its majority at the time. It has failed to tackle sectarianism and simply served to draw a divide between fans and the police, reversing years of progress,” he added.
A Scottish Government spokeswoman defended the Act, pointing out that a YouGov poll in 2015 found that 80 per cent of people in Scotland directly supported the legislation.
“The vast majority of football supporters are well-behaved and the Act is a clear statement that no section of society is exempt from standards and behaviours that are considered acceptable. As groups representing victims and equalities campaigners have also indicated, repealing it would send entirely the wrong signal to both football and wider society.”
Police used the Act 377 times last season, up a third on the year before – 140 of those charges were at the Rangers v Hibernian Scottish Cup Final at Hampden on May 21, 2016.
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