James Kelly has launched a motion to to repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act at the Scottish Parliament.
The act was introduced as a knee jerk reaction to three Rangers (IL) players being red carded against Celtic and an after match clash between Neil Lennon and Ally McCoist.
Within days both clubs, the football authorities and Strathclyde Police were called to Holyrood in a bid to be seen to be doing something.
Initial concerns that the bill wasn’t necessary has been confirmed with the Act causing chaos and amusement as Police Scotland attempted to implement the legislation.
Celtic supporter groups have been at the forefront of attempts to repeal the act with the club’s Irish roots under threat by the new powers.
Most reasonable legal minds were of the view that existing legislation was more than adequate to deal with offensive or sectarian actions with Kelly leading the campaign for reform.
In the documentation released today he claims: “The legislation was brought forward in response to a number of controversial incidents, both on and off the pitch, and mostly associated with Rangers or Celtic during the 2010-11 football season – in particular a match on 2 March 2011.
“The Scottish Government’s initial plan was for legislation to be in place before the start of the 2011-12 football season and it sought to achieve this by recourse to emergency legislation procedures.
“However, concerns were raised about this procedure and about the need for greater consultation on the Bill. The passage of the Bill was delayed to allow for this and for further debate by the Parliament. The Act was opposed by every opposition party and by leading anti-sectarianism charities.
“There are still concerns about the legislation among lawyers, judges, civil rights groups, football fans and football clubs. It is the only piece of legislation passed by the Scottish Parliament without any cross party support, having made it through the legislative process due to the SNP majority in the last session of the Scottish Parliament.
“Across the political spectrum, there is absolute agreement that sectarianism cannot and should not be tolerated anywhere in Scotland, whether in our communities, schools or workplaces.
“Supporters of this proposal fundamentally disagree with the Scottish Government that the Act has helped to tackle sectarianism in a proportionate or effective fashion. I propose the repeal of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.
“I do so on the basis that the legislation is flawed on several levels, including its illiberal nature, its failure to tackle sectarianism, and that the police already have appropriate charges to prosecute.
“The proposal as it stands includes the repeal of provisions on “threatening communications” within sections 6-9 of the Act. On these parts of the Act in particular, I will consider the views from stakeholders through the consultation to confirm that the repeal is desirable. I look forward to hearing from you.”