Wilson case undermines plan for new anti-sectarianism legislation

Ministers are determined to put an end to religious bigotry at football matches and considered rushing through new laws during the summer.

They were persuaded to delay over concerns that there had not been time for proper scrutiny, but still plan to introduce five-year maximum sentences for football supporters who cause sectarian disruption at matches or online.

However, the Wilson case demonstrated how difficult it can be to prove the motive behind a crime at a football match when so much else is happening.

One witness at the game between Hearts and Celtic claimed the 26-year-old labourer called Lennon a “Fenian b******” as he approached the Celtic manager.

However, Wilson, who was convicted of breach of the peace, denied this and said he called him a “f****** w*****”.

Lennon was not able to say what had been said and no-one else in the crowd could corroborate sectarian language being used.

Johann Lamont, the Scottish Labour justice spokeswoman, said: “This tells us that it is not a simple and straight forward way of deterring bad behaviour.

“The Scottish Government will be undermined if it produces legislation that falls into disrepute or is derided. It now needs to go back and ask the hard questions that need to be asked about this legislation.”

She said it may take a cultural shift to eradicate religious bigotry from football stadiums – as happened with racism – rather than laws drawn up in parliament.

“We need to work with football fans and football organisations,” she said. “There’s an element of getting fans to police other fans’ behaviour.

“That’s not to say it becomes a no-go zone for police, rather you make the behaviour unacceptable. Why do we get practically no racist behaviour now? Because it is unacceptable.”

The proposed legislation will create practical problems for police, such as how to tell who is committing a crime if tens or hundreds of fans at a game are all shouting the same thing.

They may also face a situation where making a large number of arrests would leave too few officers to police the match itself.

Ms Lamont said: “We have to accept that if the legislation is unworkable and derided it will make the whole situation worse.

“I hope the Scottish Government does not put itself into a corner by saying it came up with this legislation and therefore it will force it through.”

Asked whether it was possible to successfully tackle sectarianism at football matches through new laws and police action, she said: “I’m open to being persuaded, but that is a serious question.

“Because the cost of putting through legislation that says it is going to do something but then doesn’t is quite significant too.”

The Scottish Conservatives also said the Wilson case highlighted potential problems for sectarianism legislation.

John Lamont, the party’s justice spokesman, said: “Whilst we must always have verdicts returned by juries and not interfere in that process, I’m worried by the potential message this sends out, and for the Scottish Government’s stated aim to stamp out sectarianism at football matches.”

First Minister Alex Salmond is expected to announce a new legislative programme next week, and the Scottish Government remains determined to bring forward sectarian laws.

A spokesman said: “We do not comment on individual cases.

“Our proposed legislation is aimed at sending out a clear message through tough new laws that there is no place for bigots in a modern-day Scotland. We welcome the continued support of football clubs and others in tackling sectarianism.

“We welcome constructive contributions on this bill as it moves through the parliamentary process and will of course ensure that any views expressed help shape the bill and its implementation.”