When legislators feel that they are under pressure to “do something” we shouldn’t be surprised when they legislate.
However, the laws they bring into being are often ill-conceived and do more harm than good.
Very much a case of Act in haste Repeal at leisure…
The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 (OBFTCA 2012) will undoubtedly be used as a case study in years to come.
Hopefully, law students will look at it and see why it should never have been passed by those in Holyrood.
However, the successful campaign to kill it should also be studied in universities.
If this failed law is studied as a “what not to do” by baby lawyers then the mobilisation against the OBFTCA 2012 should be the aspirational standard of any grassroots movement in modern Scotland.
The folk who railed against the Act held onto one clear truth and it is this:
MSPs worked for them.
Moreover, the ruling party in Holyrood had lost their majority.
The OBFTCA 2012 had been passed when the SNP had overall control in the Edinburgh parliament.
Despite concerns expressed by opposition politicians and others in civil society they pushed ahead regardless.
It was classic Alex Salmond.
One of the problems with politicians in the age of the never-ending news cycle is for them, to admit that they have made a mistake.
The OBFTCA 2012 was a huge mistake.
It was unjust and unworkable.
Moreover, it was entirely unnecessary.
I spoke a couple of days ago to a very experienced SPFL Match delegate about the imminent demise of the OBFTCA 2012.
He recounted a conversation he had with a match commander last year.
The copper told him that if the OBFTCA 2012 did not exist and one of the paying customers called him a “Fenian bastard” then he had the laws to empower an arrest.
The Criminal Justice (Scotland) Act 2003 is more than adequate.
Section 74 to be precise.
When I first started writing about the Ibrox klan a decade ago their ditty of choice was the “Famine Song”.
It led one fine fellow, a Mr William Walls, to be the defendant at Kilmarnock Sheriff Court.
His public expression of racism had happened at Rugby Park in 2008.
He appealed his conviction under the Criminal Justice Scotland Act 2003.
The following year in June 2009 in the Justiciary Appeal Court with Lord Carloway presiding upheld the conviction.
In 2012 my friend and colleague Angela Haggerty was targeted by a Mr David Limond via the online platform “Rangers Chat”.
She was featured as “Taig of the day” for her crime of editing my book Downfall.
Thanks to the swift intervention of Channel 4 News crucial evidence was gleaned.
In the ensuing court case, the police conceded that they had to rely on the media organisation to provide vital audio files as they had been slow to respond to Ms Haggerty’s complaint.
Once more, police inaction was an issue, not the availability of the appropriate laws.
Mr Limond received six months in prison for threatening Ms Haggerty and racially abusing her.
He was convicted under the 2003 legislation and received the maximum sentence as laid down in law.
Therefore, years, before the OBFTCA 2012 was on the statute book laws were in place to deal with the racism of the klan.
However, that did not suit the agenda of those within Scotland who craved a law that would “even things up”.
The OBFTCA 2012 made certain political expressions in Scotland potentially illegal.
This was especially strange given that the year before it was passed the British head of state had visited Dublin and laid a wreath in honour of those who had risen in arms against the Crown.
Here from a piece in the Spectator, Lord Advocate, Frank Mulholland, conceded that certain political views could be criminalised under the Act:
Celtic supporters have born the brunt of this shamefully illiberal bill. As the Lord Advocate, Frank Mulholland, noted in 2013, political chanting falls within the remit of the bill (an unusually honest admission of its speech-curbing nature but one that, characteristically, he failed to recognise as a problem). Asked if holding and expressing an Irish Republican identity was now potentially criminal, he replied ‘Potentially criminal under this Act, yes.’
This was a strange piece of legislation for any democracy to enact.
Once on the statute book, it provided a sort of police state work experience for Scotland’s finest.
Mass surveillance became part of the match day experience of thousands of ordinary football supporters.
To attend a football match was to be a suspect without any probable cause.
It was Snowden with a pie and Bovril.
Yet the problem of racism and hate speech remains extant within Scottish football.
There are many chaps like David Limond and William Wall out there.
An entire subculture fashioned around anti-Irish racism is central to their football affections.
Last Sunday a fascist march from a dignified hostelry to Ibrox stadium took place.
From the available evidence on social media, it is clear that the 2003 Act was broken repeatedly during the event.
I did not read any reports of arrests.
As we have seen with William Walls and David Limond if the courts are presented with these fellows then an appropriate disposal is assured.
All’s well that repeals well.
Except there are many young people with criminal records because of the OBFTCA 2012.
Perhaps those who organised against this unjust act should explore legal avenues for those convictions to be now struck out.
A hat tip to all involved in opposing this Orwellian clusterfuck that shamed the SNP and, perhaps, revealed their authoritarian nature.
I know that there is at least one book in the works that will tell the story of the campaign against OBFTCA 2012.
The author is a good friend of mine and he has asked for my help on the project.
I will, of course, assist him in any way that I can.
The story of how the OBFTCA 2012 was killed by a risen people should be widely known.
Every law in some way infringes human rights. The Human Rights Acr has a very limited scope, it protects individual rights to a certain extent but does not protect against Government , international treaties, arms deals etc etc or minor grey areas, in this case , football. for years we have seen that football is a law unto itself. Not one of the governing bodies adheres to its own rules, nor applies them, too much money involved I assume.
I can’t see any difference between racism , sectarianism, ruthdavidsonism and stupidism. Every single one of them is a slap in the face if you aren’t the bully boy .
Why blame the Scottish Government , didn’t they ask the SFA/ SPFL for their register of Sectarian complaints ? Where’s the SFA with compliance for ????? Who knows, it’s a long list.
And blaming Police Scotland for failing to react/control/charge any football supporter when they are faced with us or the Union bears on an unplanned and approved march , how could they?, the Police are a peace keeping force not a punishment militia.. This is footballs problem.
This starts and ends with football
Testing, testing 1,2, 3 What’s happening to my posts?
Barry Bawbag Ferguson is obviously in despair over the result last week, You can literally feel the pain oozing out of him, He sounds traumatised by the events of last Sunday, Fkn Hilarious,just keep doing what you do Barry which is Talking shite because you are an expert in that field.HH.
Those against the repeal of the law are the problem in Bonnie Scotland.
As long as we permit bigots and their followers to take to the streets each summer then the authorities are saying yes to sectarianism.
The suppposed enlightened amongst them claim that faith schools are the problem which imo is just nonsense.
Having come through Catholic schools from Primary to Senior Secondary no one taught me to hate my neighbour.
The problem is much closer to home and how people are brought up but that doesn’t suit the mainstream agenda.
The pure hatred of the Irish and those of Irish heritage is a stain on Scotland.
Look at Cheltenham this week. Tens of thousands of Irish visitors welcomed with open arms.
Look at the New World and the Irish legacy in the States in particular.
They are loved for the craic and their capacity to enjoy themselves.
No Paddy’s day parade in Glasgow, why?
The city and surrounding areas in particular were inundated with homeless, starving people escaping certain death at home.
So instead of a celebration of all things Irish Glasgow District Council would rather have thousands of bigots on the streets, with decent people avoiding the City centre at all costs with a resulting loss of business to traders plus the cost to the tax payer for policing the event.
So wee Barry the bankrupt giving out lessons on how to play against and beat cektic .This from the guy who managed Clyde left them 2nd from bottom in league 2 and he dishing out advice oh dear .
and look where Blackpool are thanks to his excellent managership.
Funny how he knows the exact position of the casino him being a bankrupt.
A very good read. Now, would anyone like to buy a spare Chocolate Fire Guard? https://theclumpany.wordpress.com/2018/03/15/the-chocolate-fire-guard/
Clumps – so good to see you back 🙂
“Celtic boss Brendan Rodgers would be a great choice for Arsenal insists Rangers legend Ally McCoist”.
That’s nice of him, eh?
In response to Joe and Bob Mack, it would appear that the now condemned Act was being implemented in a way in which, as Frank Mulholland noted, Celtic fans were targeted, and not for supposed sectarian behaviour but for their republican traditions. If the Act had been applied in a similar way to the protestant ascendancy side of the debate, the Orange Order would have been banned and its members arrested in their droves in dawn raids (an aspect of the implementation of the act that does require further explanation from former Police Scotland chief constable Stephen House).
A cynic would think that what Police Scotland were doing amounted to softening up football fans of teams other than Celtic for similar ‘crackdowns’ focused on their fanbase at some future phase of implementation, which they seem never to have got around to.
The surreal aspect of the Act was that where nobody reported being offended at the time of an alleged offence, someone watching on television or other broadcast media could subsequently complain, and the police would then pursue. It might be easier to call in a complaint if your team had just been trounced.
The definition of what was considered offensive ultimately came down to a subjective report of being offended. Police would then watch hours of video or check whatever in order to come up with corroboration to take to court. The accused then could not debate that they had caused offence, only that they had not done what had caused offence….the classic ‘how often do you batter your wife? question, whereby any response infers guilty with the only issue to be resolved being ‘how often’).
To sum up: the act was implemented in a way that revealed the institutionalised anti-Irish racism of policing in Scotland; the reporting mechanisms, in so far as they gave credence to the complainant after the fact, also lent themselves to manipulation by people who, as said above, had their own agendas. It would be unusual if those complainants were not given more weight by Police Scotland if they were establishment figures, irrespective of the inherent anti-Irish/anti-Catholic prejudice of the Scottish establishment, most obvious in any consideration of ‘republican traditions’.
Finally, the campaign to overturn the Act has succeeded, but the issue of sectarianism, in all its forms, institutional and established as they are, have not been addressed. Sporadic application of existing law to target malicious individuals does not amount to meaningful reform, which must also look at how sectarianism is reported. A casual comment on this would be the failure to look proportionally at criminal behaviour relating to offences against protestants and catholics in Scotland, and an absolute failure to consider the mechanisms by which anti-Irish/anti-catholic prejudice is maintained in Scottish society.
The death of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 should not go unremarked apart from tears of regret by those often well-meaning individuals who supported its intention but were disconcerted by its implementation (and I include Mulholland in their ranks).
There should, instead, be a full inquiry into how it was used and those who were unfairly targeted as well as why it did not address the mainstream media, and why sectarianism remains the great unmentionable of Scottish politics and Scottish society more widely. Sectarianism remains Scotland’s scourge.
It is to be regretted that the repeal of the act at this point is not being seen as an opportunity to revisit the issue in order to find meaningful ways to combat it in every area of Scottish public life.
What an article wee Barry the bankrupt (that’s a good name for a horse )has written in the daily rectum today talk about sour grapes .He has told us in his article about 5 or 6 times that we where lucky on Sunday. He has also had a go at our manager saying he got lucky with the sending off as this allowed our manager to switch things around . But then goes on to say rangers played with an inexperienced side and manager this wee Barry the bankrupt is good comedy gold . He said the gap is being closed comedy gold again from the bankrupt man when Pedro got the bullet it was 8 points the gap what is it now Benny sorry Barry . Ah the Bennys they never let us down .
So we have had the Ferguson brothers at ibrox the McCrorie brothers there just now we have the Close brothers there with the finance and we have the Marx brothers there in Greame Jonathan and Jimmy .
I am not a troll.
Sectarianism, is an anathema to me, mindless hate..likewise.
Hatred of Catholics, is endemic in this country……a contagion, if you like?
That established.
The Irish are no more a race than Scottish people are.
Clarity and accuracy in your reportage is important, I’d suggest? It lends weight to your argument.
Which I feel is very important……..too important, to be derailed by claims of racism against a race which is not.
Racism is a hatred that can be based on nationality/ethnicity/citizenship.
Hence my observation that you do not understand the term.
Well said Phil
Hence my argument, as your rationale is flawed.
Anything with Salmond behind it is a fish out of water. The idiot still exudes his superiority as a leader. You’re a failed politician, who ran for the hills when you got grubbed at the polls.
Now plying your trade in the second most corrupt country in the world, nice choice Salmond, you failure.
What a strange post, I actually watch RT and All Jazeera news stations often, get some good documentaries, interesting interviews and opposite views that you get from the Biased Broadcasting Corporation and the right wing press( which is why I ain’t bought a paper in five years). You sound as though you’d be at home with the “butchers apron” wrapped around you!!
The famine song will be belted out on Saturday while police tap their feet to it . 10 in a row.
It was sad to see lenny get that 5 match ban
I see on follow follow there that a benny has struck up an online friendship with an AC Milan fan and has invited him to ibrox to experience the atmosphere. The guy who wrote it posted that he did not wish for the AC Milan fan to hear the sectarian singing that goes. One of the bennys comments on the thread would have frightened the poor fan away if he read what he had to say about catholics fenians he told the guy who wrote the thread to more or less bolt and not to bring the guy to ibrox.
I agree that existing legislation should cover such offences IF ENFORCED ( the real issue) , but….
The reaction I heard of the radio by fans of a recently firmed club seemed to be the belief that they’d just been given the green light to sing whatever they want at matches.
The response at the weekend will be interesting.
Wholeheartedly agree in as much as Holyrood is renowned for windbags/dispensers of hot air debating useless bills for hours on end and, if permitted, introducing crass, unnecessary and otiose legislation.
The useless windbags are currently engaged in hours of hot air, I believe, as we speak, in relation to a matter which has nothing to do with them. Oh well, better than fixing the roads, I suppose.
Take the Apologies (Scotland) Act 2016, for example, all 5 sections of it, utter drivel, and totally redundant.
I thought you might have been joking about the Apologies Act. (Sorry).
My own personal favourite was handing carte blanche to unprincipled and rapacious factoring firms to register Notices of Potential Liability for Costs affecting thousands of innocent people who received no, or risibly inadequate, service in their tenements. Well played, Holyrood!
Ironic, that wee Neil Lennon, a genuine victim of race and religous hatred, said only yesterday that, at least the singing part was not as bad as it used to be. Maybe the act at least , got people thinking before they opened their misguided foul mouths. Can’t remember any government in my lifetime touching the surface of this issue. At least our devolved one is having a go at trying. The amount of hypocrisy surrounding this piece of legislation is all so sad.You try to take a step forward , in this country, and you end up ten back the way. So sad indeed. Too many agenda’ s, and Too many people in glass houses.
Let’s look on the bright side….
If Sevco go bust then the Loudon bears will need somewhere to roar…or hibernate…. at least in the short term, what about the Kelvin Hall where their entry fee / fines could be paid directly in to the public purse saving police and court time.
Extras could be harvested after repeat choruses and Lambeg decibels would be levied all in aid of the face painter guy. Heroes living in cardboard boxes would be forever gratefully.. .. Her Majestys government might even put up a few baw bees …. if they can forget for a moment all those millions robbed from the treasury…
What is not to like….???
Maybe that’s why hearts have built a new stand mmm
Thanks for the truth Mr.Fear.
HH??????????☮️?
Whilst a insightful and interesting read Phil
I must revert to my default position.
The Irish, I’m sorry to advise you……are not a race.
You simply do not understand the term or you’re a troll.
Which is it?
Because the second one gets you banned from here.
Oh yes they are,PART OF THE HUMAN RACE.????☮️✅?????????????????????
Now could the same be said of another certain basket case of assets fans?
Only one way to deal with sectarian signing at football, Fine the clubs involved, Close down stands, hit them in the pocket. As for the Police just standing idly by, Sack them for dereliction of duty.
This act was wrong because it was unworkable not because it was a bad concept. I’d argue the concept was entirely reasonable. It was unworkable because it required, prior to it’s introduction, a police force that had undergone a root and branch reform to address institutionalsed sectarianism. Just because someone is offended doesn’t mean an offence has occurred. The policing of the Green Brigade, love them or loathe them, has been both appalling and costly. They have offended me on a few occasions but I don’t want them arrested. However on too many occasions the police have used their own judgement and therefore in-built bias to decide what is criminal because it offends them not because it breaks the law. Sunday’s march was a classic example. Hugely offensive and undoubtedly criminal yet arrest-free. Scandalous. The SNP have done many good things but their failure to address sectarianism is a huge issue for me. They could start by banning Orange marches. Stopping legitimizing sectarianism would be a great starting point. It wouldn’t cost them any votes as these guys are ultras when it comes to Unionism. I’d argue all day long it would gain the SNP a great deal of respect and increase their % vote. Rant Over ?
I’m in tow with Jim Thomas on this one Phil, I take it none of my fellow Celtic fans will be bothered now when Murdo Fraser’s ” billy boys” Ares belting out their racist ditties!!
Legislation exists to deal with TBB.
The issue is enforcement.
http://www.legislation.gov.uk/asp/2003/7/section/74
That legislation doesn’t actually create an offence, it simply provides that other offences are to be considered as being aggravated if there is a sectarian motive behind them.
Having said that, there was still the offence of breach of the peace or s38 of the Criminal Justice and Licensing (Scotland) Act 2010, so the OBFTCA was still unnecessary.
It was gesture politics – passed to grab headlines but pointless.
http://www.legislation.gov.uk/asp/2010/13/section/38
Good riddance to this repressive social control device.
Why should football fans be subject to special legislation all of their own? If there is more unlawful behaviour at football matches than elsewhere, then from the very fact that it is unlawful, we know that it is covered by existing laws – which apply to everyone equally, without favour or discrimination.
What the politicians *should* be doing is asking why the police choose not to enforce our existing laws. If one person sings The Billy Boys, he is brought to court and sentenced. If hundreds or even thousands are doing it, the sheer noise generated seems to cause selective deafness among the employees of Police Scotland. Who would have thought it.
What use are extra laws, if the police don’t uphold the ones we have in place?
In my opinion the SNP have made a lot of changes for the better since they came into government in Scotland – I’ve been very pleasantly surprised with their performance. But this one they got wrong, and I’m pleased it’s now been remedied.
Sorry Phil, bit it’s a bit too faced to moan about sectarian singing and moan when the government try to do something about it. Ok the act was /is flawed, but at least they sent a message they want things to change. Now with it’s repeal the Govan mob will feel vindicated, and will re-double their efforts.
You are correct to say there was already a law to cover this, however if the police don’t up hold the law you can’t blame the Government.
Perhaps if the Scottish media had any balls they would be calling out the police for doing nothing, but on the other hand with the criminal justice system already going to the dogs, how would they process 100’s more every week? ( this is no reason for them not doing it though. )
Since it’s inception how many times have Rangers fans been arrested at a match under the OBFA? They’re not emboldened by its repeal, they’re emboldened because they’re not dealt with under this or any other piece of legislation.
Neither Salmond nor Sturgeon have brought pressure on Police Scotland to do something about the hate storm that emanates at every stadium Rangers fans have visited since 2012 and until someone compels Police Scotland to act then they’ll go on ignoring the numerous offences the hate mob carry out week in and week out.
If the Police don’t uphold the laws the Government aren’t to blame – really? Laws are in existence to protect all of us and the flawed law was a knee-jerk reaction by a Government who are very good at micro-management. Of course they are to blame if Police Scotland don’t uphold the laws and they most certainly are answerable to the Government. It seems to be beholden on us to continue bringing the sectarian and racist abuse into the light and just because an entire stadium full of racists perpetuate this abuse doesn’t mean it should just be ignored. The Govan mob will never change their attitudes and don’t fear any law as they have never had to face the judiciary before – because they are the peepul.
It’s time fair-minded people and protest groups lobbied their M.P. but I’m not holding my breath that anything will change in this bigoted country unless we start heavily fining football clubs for continuing to ignore the discrimination shown by their so-called fans within their stadium. Maybe having to pay much more for their season tickets to pay for these fines might have the trickle down effect.
The Government, Police Scotland, S.F.A. e.t.c all have a part to play but they won’t and we will have to continue shouting it from the rooftops. HH
If the police don’t uphold the law of course you can blame the government!
The justice minister has interfered in Police affairs plenty, even when he shouldn’t have.
The Scottish Government have regularly told Police what to do – a classic example is the approach to domestic cases. Anyone who has an argument with his / her partner these days is arrested and if not held overnight no matter how minor the incident, is let out on bail with conditions keeping the accused away from the family.
That’s a government policy which is enforced.
Bottom line, however, is that the OBFTCA was ill concrived, badly drafted and pointless.
Excellent blog Phil.
Firstly this legislation was unnecessary as most eventualities were covered by the 2003 Act.
When it was seen that this act was very seriously flawed with fans being criminalised for questionable reasons, surely it was time to look at repeal.
Unfortunately our elected representatives having made their decision are now very reluctant to admit that they have made a mistake, but now they have been forced into change.
Any individual breaking the law ,regardless of activity, should be subject to the rule of law.
Keep up the good work! Thank you.
You and others have missed the point completely. The Act was a means of sending out a message that certain behaviours would be considered illegal. It put down a marker hoping to create a proper environment at stadiums.
Of course many football supporters the length and breadth of this country go to games with no need for this Act. Clyde and Brechin don’t seem to contravene it most weeks. Only the big clubs are affected. Rangers.Celtic,Hearts etc have elements of their support who do need it.
Do not complain in future at Sectarian behaviour since you have contributed to maintaining it yourself. Please understand that in the whole of Scotland there are only 17,000 police to maintain law and order over a three shift pattern. You want them now to use legislation to arrest fans on the street for any offence under a different Act. What a joke. One ground outnumbers the whole police force by 4 to 1. With that in mind I cannot concur with you on this.
Bob, I wholeheartedly disagree.
But first, a disclaimer: I live on the other side of the Atlantic and Scots Law doesn’t impact me one way or the other except for when I travel to the U.K. every few years.
The Act in question is an abomination in my opinion. It criminalizes behavior that is legal everywhere else in the country except at or en-route to/from football stadia. If the underlying criminal acts are truly as deplorable as supporters claim, they should be banned universally, not just in football grounds. Likewise, acts that are otherwise tolerated should not be banned simply because they occur within the context of enjoying a football match.
There is no doubt that there is criminal activity that occurs in and around football grounds, but existing laws exist to punish those crimes absent a specific Act that targets football supporters. And I daresay, we might find that the level of criminal activity decreases in proportion to the degree of enforcement of those other statutes.
No….he wants the law to reflect that only Rangers fans should be targeted. That was the point of CFAC. celtic supporters and their club were all for new legislation till it became clear they would be targeted as well.
That Law by its nature infringes protected human rights to freedom of speech and political expression. It’s application infringes the right to privacy and peaceful
enjoyment of possessions free from state interference. Since those are qualified rights, they can be interfered with if it is set out in law (which it was) and is necessary in a democratic society. This aspect means the state needs to consider proportionality of the interference with the legitimate aim being pursued – in this case the security and safety of the masses. If those convicted under the law have grounds to challenge it’d be on how proportionate the steps taken were and how well considered. It bring unnecessary as Phil says directly impacts this. Where the ‘crime’ is political expression unlikely to have seriously impact it’s more likely to be upheld than in violent situations.
Look forward to the book.
Good piece Phil.
Any updates on upcoming issues re share buyouts etc at ibrokes.
Slainte
HH