Uneasy pact over sectarianism, but gay marriage rift can only deepen

Published on Saturday 8 October 2011 13:22

ALEX Salmond has offered a freedom of speech concession to opponents of his government’s anti-sectarian legislation in a bid to appease critics of the SNP’s contentious new laws.

The announcement of the freedom of expression clause came after the First Minister held a meeting with the Bishop of Paisley in response to a letter the churchman had written setting out concerns about the government’s anti-sectarianism legislation and its plans to bring in same-sex marriage.

Afterwards, Bishop Philip Tartaglia acknowledged the concession by Mr Salmond but warned there would be an on-going rift between the government and the Catholic Church if plans to legalise same-sex marriage were pushed through.

The government agreed to insert a specific freedom of expression clause into the anti-bigotry laws yesterday, amid fears their sweeping nature could interfere with the right to preach religious beliefs. Sectarian crime in Scotland is also to come under the spotlight, with the publication of new statistics setting out which groups are being attacked and how often.

It comes amid concerns among many Catholics that it is largely they who are the victims.

The meeting at the First Minister’s official Bute House residence was also attended by Lord Advocate Frank Mulholland and community safety minister Roseanna Cunningham.

Bishop Tartaglia said same-sex marriage was “really the issue” that concerned Church leaders and welcomed Mr Salmond’s assurance that no decision had been taken, with a government consultation under way.

“If they decide to pass same-sex marriage into legislation, we will be very disappointed and we will have to deal with that when it happens,” said the bishop.

“It will be an ongoing issue between us and the government if they do, and I said that to the First Minister. He heard me and he understood it.”

Mr Salmond is personally in favour of same-sex marriage.

The cleric said after the meeting: “He listened very carefully to deep-seated concerns that I expressed on behalf of the Bishops’ Conference, unanimously on behalf of the Bishops’ Conference, about the introduction of same-sex marriage into law.

“We have to wait until the consultation is over but, in the meantime, we will be inviting our people to participate in number in this consultation.”

Mr Salmond said further talks on the subject would be held between the Church and Deputy First Minister Nicola Sturgeon, who is overseeing the issue.

“We know that the Church, like other organisations, has very, very strong views on the matter, but we’re having a consultation and they’ll have a full opportunity to put forward their views,” he said.

The issue has sparked an emotive debate, including an internal SNP spat after MSP John Mason lodged a motion stating no organisation should be forced to take part in same-sex marriage if it did not want to. This prompted an angry reaction from SNP MEP Alyn Smith, who is gay.

Former Episcopalian Bishop of Edinburgh Richard Holloway was among a group of religious leaders who publicly backed the change and warned that the current ban was an “intolerable intrusion” into public freedom.

Prime Minister David Cameron told the Tory conference last week that he was committed to the introduction of same-sex marriage in England.

On the issue of sectarianism, opposition parties withdrew their support for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill at Holyrood last week, amid concerns the measures are unworkable and unnecessary.

But the bill was backed by the Scottish Parliament’s justice committee after the SNP majority endorsed it, and the party is set to push it through at Holyrood despite concerns.

“This legislation was never meant to stop freedom of expression in Scotland,” Mr Salmond said after announcing the change to the bill yesterday.

“It is about bearing down on sectarianism and other offensive behaviour in Scotland, and stopping the expression of bigotry and hatred that the overwhelming majority of people in this country wish to see come to an end.”

Despite opposition parties rejecting the bill, the First Minister said “men and women and people across Scotland” wanted something done about the issue.

“I don’t think it’s acceptable to have sectarian songs sung at football matches, I don’t think it’s acceptable to have IRA chants at football matches,” said Mr Salmond.

“To me, that’s offensive; it’s wrong. It’s the wrong thing to do and it represents Scotland in a dreadful light and I think we’re now big enough, strong enough, mature enough as a society to take this stuff on – not to limit people’s representation of their loyalty to their club, their traditions or whatever. That’s all part of football.”

The bishop welcomed the freedom of expression clause and said the decision to publish statistics on sectarian crime would give a “really good picture” of the problem in Scotland.

“We do have a feeling, an intuition,” he said. “Based on the last set of figures that were made public, there was a strong sense that sectarianism in Scotland was about anti-Catholic behaviour, really.

“We sense that that may still be the case. I think it’s important, if we’re changing attitudes, to know what attitudes to change. That’s not to say that some Catholics aren’t guilty of sectarianism, but at least we know where to put the emphasis.”

The bill would create two new offences relating to behaviour deemed to “incite religious, racial or other forms of hatred” in and around football grounds and on the internet.

It would mean those convicted could spend as long as five years in prison and be banned from football grounds.

Concerns have centred around the clarity of parts of the legislation, including what would constitute a sectarian offence.

Ms Cunningham has previously indicated she would listen to proposals for amendments, such as a freedom of speech clause in relation to the second offence. “It’s certainly true that when you are talking about the nitty gritty of specific measures, there is some to-ing and fro-ing about what might or might not be the best way to do things,” she said.

“I very much hope that those people who are expressing some concerns at the moment will engage positively with us because there are two stages of this bill to go. At stage two and stage three, there is opportunity for that constructive dialogue to take place.”

Ms Cunningham said “her door was wide open” to talk about a number of issues that had been raised.

The legislation was introduced in the aftermath of the trouble last season which saw Celtic manager Neil Lennon and high-profile supporters of the club targeted with explosive devices sent through the post.

A flare-up between Lennon and Ally McCoist of Rangers after a stormy Old Firm encounter also provoked an outcry.

Labour justice spokesman James Kelly said Mr Salmond’s proposed change would not be enough to allay concerns. “Confusion still remains as to what would be an offence under the new legislation and whether prosecutors would actually use the new law as opposed to existing laws,” he said.

“It will take more than the insertion of one clause to stem the chorus of opposition to the bill that is building up throughout the country.”

The justice committee found that the football authorities had “failed to take any form action” to deal with the problem. “Over many years, they have allowed the issue to drift,” the MSPs’ report said.

“If firm action had been taken earlier, offensive behaviour at football might have been stamped out or at least reduced.”

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