Offensive Behaviour Act ‘deep into injury time’ as bill for abolition looms

An attempt to have controversial laws meant to curb sectarian behaviour at football matches repealed will go ahead at the Scottish Parliament before the end of the season, the MSP leading the campaign has pledged.

James Kelly is bringing forward a member’s bill at Holyrood to have the the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 abolished.

Mr Kelly has confirmed the bill will be published in the coming weeks and said that the Scottish ministers must “seriously consider” whether to continue backing the laws.

In November last year, the opposition parties united to back a motion calling for repeal of the law by 64-63.

At a meeting during the Labour Party Conference in Perth Mr Kelly said the act was “deep into injury time”, adding: “The public want it scrapped and Parliament voted in support of that. The only thing standing in the way of repealing this bad piece of law is the SNP.”

He said: “The consultation on my bill was the most popular in Holyrood history, with more than 70 per cent of people saying it’s time to scrap the act.

“When the matter came to a vote in the Scottish Parliament, Holyrood was clear.

“I will publish my bill within weeks and will lodge the proposal with the Scottish Parliament before the end of the season.

“SNP ministers now need to seriously consider their position. Do they want to continue to support a bad law which has lost credibility or are they willing to show some humility and support Labour to stop criminalising football fans?”

A Scottish government spokeswoman said: “There is very strong public support for the act, as shown by opinion polling, and while the vast majority of football supporters are well-behaved, simply scrapping the existing law risks sending entirely the wrong signal when it comes to eradicating sectarianism and other offensive behaviour.

“The legislation allows prosecutors to tackle the most serious examples of threatening communications appropriately. Unlike elsewhere in the UK, prior to the introduction of the act, there was no specific offence in Scots law criminalising threats made with the intent of inciting religious hatred. This was an obvious gap and it was clear that legislation was required to address it.

“We would welcome discussion on how concerns can be addressed, but no alternative has so far been brought forward that would offer supporters protection from abusive and threatening behaviour.”